reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 1. Dealers › 61-4-122. Compliance specialists as peace officers

61-4-122. Compliance specialists as peace officers.
(1) The department may designate and train civilian employees as compliance specialists within the motor vehicle division. Each compliance specialist is a peace officer whose jurisdiction is limited to enforcement of violations of Title 61, chapter 3, parts 1, 2, 3, 4, and 6, and chapter 4.
(2) As a peace officer, a trained compliance specialist may:
(a) issue citations and make arrests;
(b) issue summonses;
(c) accept bail;
(d) serve warrants of arrest;
(e) make reasonable inspections of the established place of business and, if applicable, vehicle inventory of a dealer, broker, wholesaler, or auto auction; and
(f) require production of documents relating to the sale, purchase, exchange, or consignment of any motor vehicle, power sports vehicle, or trailer currently or previously in the inventory of or displayed for sale by a dealer, broker, wholesaler, or auto auction or relating to any obligation imposed on a dealer, broker, wholesaler, or auto auction under this title.
History: En. Sec. 4, Ch. 409, L. 1999; amd. Sec. 164, Ch. 542, L. 2005; amd. Sec. 42, Ch. 329, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 1. Dealers › 61-4-125. Wholesaler restrictions -- demonstrator plates -- annual report

61-4-125. Wholesaler restrictions -- demonstrator plates -- annual report.
(1) The retail sale of used vehicles by a wholesaler is prohibited.
(2) Wholesalers may not be issued or use dealer plates, as provided in 61-4-102. However, a wholesaler may be issued demonstrator plates, as provided in 61-4-129, for use on any type of motor vehicle or trailer that a wholesaler is authorized to sell. To the extent not inconsistent with this section, use of wholesaler demonstrator plates is otherwise governed by 61-4-129.
(3) (a) On or before the 15th day of the month prior to the dealer license expiration month, a wholesaler shall submit an annual report, in a form or manner prescribed by the department, to the department to advise the department of any changes that may have occurred in that calendar year affecting the information originally filed under 61-4-101. The report must contain information concerning owner identity, other ownership interests, felony conduct, general liability insurance status, surety bond filings, and any other relevant information requested by the department. A $30 filing fee must be submitted with the report.
(b) If a wholesaler seeks to change the applicant's name, ownership interest in the business, corporate officer or managing member of the business entity, or a person designated by the applicant to manage or oversee the applicant's business, the wholesaler shall also provide a new license application as originally required under 61-4-101 and the department shall examine the license application as required under 61-4-101.
(c) Additionally, the wholesaler shall certify, under penalty of law, that the wholesaler sold 12 or more motor vehicles, power sports vehicles, or trailers to a dealer, an auto auction, or another wholesaler during the calendar year for which the annual report is filed. A wholesaler who was licensed for less than a full calendar year shall certify, under penalty of law, to the sale of an average of at least one motor vehicle, power sports vehicle, or trailer a calendar month or portion of a calendar month during which the license was in effect.
(d) A wholesaler who cannot, under penalty of law, certify the number of motor vehicle sales required under subsection (3)(c) shall pay a fee of $25 in addition to the filing fee required in subsection (3)(a).
History: En. Sec. 7, Ch. 409, L. 1999; amd. Sec. 3, Ch. 201, L. 2001; amd. Sec. 8, Ch. 385, L. 2001; amd. Sec. 12, Ch. 299, L. 2003; amd. Sec. 166, Ch. 542, L. 2005; amd. Sec. 45, Ch. 329, L. 2007; amd. Sec. 10, Ch. 323, L. 2017; amd. Sec. 7, Ch. 143, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 1. Dealers › 61-4-126. Claims against dealer, broker, wholesaler, or auto auction bonds

61-4-126. Claims against dealer, broker, wholesaler, or auto auction bonds.
(1) A person who suffers loss or damage because of the unlawful conduct of a dealer, broker, wholesaler, or auto auction licensed under this title shall obtain a judgment from a court of competent jurisdiction prior to collecting on the bond of the dealer, broker, wholesaler, or auto auction. The judgment must set out a specific loss or damage amount and establish that the licensee's unlawful conduct caused the loss or damage, before payment on the bond is required.
(2) If claim is made on a bond by two or more persons who have obtained a judgment against a dealer, broker, wholesaler, or auto auction based on the unlawful conduct of the dealer, broker, wholesaler, or auto auction and the judgments in the aggregate exceed the amount of the bond, the proceeds of the bond must be divided between or among the claimants on a pro rata basis.
History: En. Sec. 8, Ch. 409, L. 1999; amd. Sec. 46, Ch. 329, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 1. Dealers › 61-4-129. Assignment of demonstrator plates

61-4-129. Assignment of demonstrator plates.
(1) (a) A dealer or wholesaler may purchase demonstrator plates at a fee of $5 a plate.
(b) Demonstrator plates may not be issued to a new or used dealer whose business is restricted to the sale of power sports vehicles.
(2) (a) Except as provided in subsection (2)(c), demonstrator plates may be used on a motor vehicle displaying a Monroney label or a buyer's guide label, as required by 61-4-123(2), or on a truck, truck tractor, truck tractor pulling a laden or unladen semitrailer, or travel trailer that is:
(i) being demonstrated and offered for sale to a dealership customer for not more than 72 hours when operated by an individual holding a valid operator's license;
(ii) owned by the dealership when operated by an officer or bona fide full-time employee of the dealer or wholesaler and used to transport the dealer's or wholesaler's own tools, parts, and equipment;
(iii) being tested for repair;
(iv) being moved to or from a dealer's place of business for sale;
(v) being moved to or from service and repair facilities before sale; and
(vi) being moved to or from exhibitions within the state, provided the exhibition does not exceed a period of 20 days.
(b) Demonstrator plates may be used:
(i) on trailers being hauled to or from the place of business of the manufacturer and the place of business of the dealer or to and from places of business of the dealer;
(ii) on travel trailers held for sale to demonstrate the towing capability of the motor vehicle, for not more than 72 hours;
(iii) on any motor vehicle owned by the dealer that is used only to move a travel trailer that is in the dealer's inventory; and
(iv) on trailers being moved to or from exhibitions within the state if the exhibition does not exceed a period of 20 days.
(c) Extra demonstrator plates may be made available to dealers eligible for demonstrator plates under subsection (2)(a) to provide to one or more service repair facilities to be used when moving a motor vehicle in the dealer's inventory to and from the dealer's place of business and the service and repair facility prior to sale. A motor vehicle displaying demonstrator plates under this subsection is not required to have a Monroney label or a buyer's guide label as required by 61-4-123(2).
(d) A motor vehicle being operated in accordance with this subsection (2) need only display one demonstrator plate conspicuously on the rear of the motor vehicle.
History: En. Sec. 23, Ch. 409, L. 1999; amd. Sec. 13, Ch. 299, L. 2003; amd. Secs. 1, 2, Ch. 258, L. 2005; amd. Sec. 167, Ch. 542, L. 2005; amd. Sec. 47, Ch. 329, L. 2007; amd. Sec. 1, Ch. 129, L. 2011; amd. Sec. 1, Ch. 86, L. 2013; amd. Sec. 14, Ch. 389, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 1. Dealers › 61-4-130. Courtesy license plates -- issuance -- restrictions on use

61-4-130. Courtesy license plates -- issuance -- restrictions on use.
(1) Upon application and payment of an annual fee of $150 a set, the department may issue up to two sets of courtesy plates to a dealer.
(2) Courtesy license plates may be displayed only on a motor vehicle that the dealer loans, without charge or fee, exclusively for religious, charitable, scientific, or educational purposes. A loan of a vehicle displaying courtesy license plates may not exceed 30 days in a year.
(3) A dealer shall maintain records detailing to whom a vehicle bearing courtesy plates has been loaned, the date of the loan, the date on which the vehicle bearing courtesy plates is to be returned, and the actual date of the vehicle's return. These records must include the name, address, and telephone number of the person or entity to whom the vehicle has been loaned and the name of a contact person who will oversee the actual operation and use of the vehicle. The records are subject to audit by the department.
(4) It is the dealer's responsibility to ensure that courtesy plates are not used by an eligible person or entity for more than 30 days in a year.
(5) It is the responsibility of the person or entity to whom the vehicle bearing courtesy plates was loaned to carry, while operating or in actual physical control of the vehicle, adequate proof of the status of the person or entity under this section.
(6) If a dealer allows a person or entity to operate or retain actual physical control of a vehicle bearing courtesy plates in violation of this section, the department may suspend the right to use the courtesy plates for a period not to exceed 6 months.
History: En. Sec. 2, Ch. 385, L. 2001; amd. Sec. 48, Ch. 329, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 1. Dealers › 61-4-132. Right of designated family member to succeed in dealership ownership

61-4-132. Right of designated family member to succeed in dealership ownership.
(1) Any designated family member of a retiring, deceased, or incapacitated dealer may succeed the dealer in the ownership or operation of the dealership under the existing franchise or distribution agreement upon the retiring dealer or the family member of a deceased or incapacitated dealer giving the manufacturer, factory branch, distributor, or importer of new motor vehicles written notice of the intention to succeed the dealer in the ownership or operation of the dealership within 120 days prior to the dealer's expected date of retirement or within 120 days after the death or incapacity of the dealer. The manufacturer, factory branch, distributor, or importer may refuse to honor the notice of succession only for good cause in the manner provided for in 61-4-133.
(2) The manufacturer, factory branch, distributor, or importer may request, and the designated family member shall provide, on request, personal and financial data that is reasonably necessary to determine whether the succession should be honored. The designated family member must meet the manufacturer's, factory branch's, distributor's, or importer's reasonable, uniformly applied written requirements to be a dealer. If the designated family member lacks experience required to meet those requirements, then the manufacturer shall allow the successor a reasonable amount of time to meet those requirements provided that during the period, the successor employs an individual who is qualified and experienced as a general manager to manage the day-to-day operations of the motor vehicle dealership.
History: En. 51-610 by Sec. 2, Ch. 381, L. 1977; R.C.M. 1947, 51-610; amd. Sec. 1941, Ch. 56, L. 2009; amd. Sec. 11, Ch. 283, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 1. Dealers › 61-4-133. Refusal to honor succession to ownership -- notice required

61-4-133. Refusal to honor succession to ownership -- notice required.
(1) If a manufacturer, factory branch, distributor, or importer believes that good cause exists for refusing to honor the succession to the ownership and operation of a dealership by a designated family member under the existing franchise agreement as provided for in this part, the manufacturer, factory branch, distributor, or importer may, within 30 days of receipt of notice of the designated family member's intent to succeed the dealer in the ownership and operation of the dealership, serve upon the designated family member and the department notice of its refusal to honor the succession and of its intent to discontinue the existing franchise agreement with the dealership no sooner than 90 days from the date the notice is served.
(2) The notice must state the specific grounds for the refusal to honor the succession and of its intent to discontinue the existing franchise agreement with the dealership no sooner than 90 days from the date the notice is served.
(3) If notice of refusal and discontinuance is not timely served upon the designated family member and the department or if the department rules in favor of the designated family member in a hearing held pursuant to 61-4-134, the franchise agreement must continue in effect subject to termination only as otherwise permitted by law.
(4) In the event that a manufacturer, factory branch, distributor, or importer refuses to honor the family member's succession to the ownership and operation of the dealership without complying with this part, the designated family member may commence a proceeding before the department for declaratory judgment against the manufacturer, factory branch, distributor, or importer for an order that the designated family member's right to succession be recognized. The burden of proof, rights, and remedies in the action are the same as if the designated family member had filed a notice of objection to a notice of refusal and discontinuance filed by a manufacturer, factory branch, distributor, or importer.
History: En. 51-611 by Sec. 3, Ch. 381, L. 1977; R.C.M. 1947, 51-611; amd. Sec. 6, Ch. 221, L. 1997; amd. Sec. 12, Ch. 283, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 1. Dealers › 61-4-134. Procedure to determine right to succeed

61-4-134. Procedure to determine right to succeed.
(1) Any designated family member who receives notice of the manufacturer's, factory branch's, distributor's, or importer's refusal to honor the family member's succession to the ownership and operation of the dealership may, within the 90-day period, file a written complaint with the department for a hearing and determination by the department as to whether good cause exists for refusal to honor the designated family member's succession to the operation and ownership of the dealership.
(2) The manufacturer, factory branch, distributor, or importer must establish good cause for refusal by showing that the designated family member failed to comply with the provisions of 61-4-132(2) or that the succession would be detrimental to the public interest.
(3) The franchise agreement must continue in effect until the final adjudication by the department on the written complaint and the exhaustion of all appellate remedies available to the designated family member. The manufacturer, factory branch, distributor, or importer and the designated family member shall abide by the terms of the franchise agreement and the laws of Montana during adjudication by the department and the appeals process.
(4) If the manufacturer, factory branch, distributor, or importer prevails, the department shall include in its order approving the termination of the franchise agreement reasonable conditions affording the designated family member an opportunity to receive fair and reasonable compensation for the value of the dealership.
(5) Any decision by the department may be reviewed pursuant to Title 2, chapter 4, part 7.
History: En. 51-612 by Sec. 4, Ch. 381, L. 1977; R.C.M. 1947, 51-612; amd. Sec. 7, Ch. 221, L. 1997; amd. Sec. 13, Ch. 283, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 1. Dealers › 61-4-135. Written designation of succession unaffected

61-4-135. Written designation of succession unaffected.
Sections 61-4-132 through 61-4-137 do not preclude a new dealer from designating any person as the new dealer's successor by written instrument filed with the manufacturer, factory branch, distributor, or importer.
History: En. 51-613 by Sec. 5, Ch. 381, L. 1977; R.C.M. 1947, 51-613; amd. Sec. 50, Ch. 329, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 1. Dealers › 61-4-136. Violation -- penalty

61-4-136. Violation -- penalty.
Any person violating the provisions of 61-4-132 through 61-4-137 shall upon conviction be fined no more than $5,000.
History: En. 51-614 by Sec. 6, Ch. 381, L. 1977; R.C.M. 1947, 51-614; amd. Sec. 51, Ch. 329, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 1. Dealers › 61-4-137. Civil damages

61-4-137. Civil damages.
Any new dealer suffering pecuniary loss because of a violation of 61-4-132 through 61-4-136, upon prevailing in a civil action for a violation, is entitled to damages equal to three times the pecuniary loss, together with court costs and reasonable attorney fees.
History: En. 51-615 by Sec. 7, Ch. 381, L. 1977; R.C.M. 1947, 51-615; amd. Sec. 52, Ch. 329, L. 2007.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 1. Dealers › 61-4-141. Repealed

61-4-141. Repealed.
Sec. 4, Ch. 93, L. 2017.
History: En. Sec. 13, Ch. 221, L. 1997; amd. Sec. 169, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 1. Dealers › 61-4-143. Unlawful curbstoning of vehicle for sale

61-4-143. Unlawful curbstoning of vehicle for sale.
(1) Except as provided in 61-4-123, a person may not display or park a motor vehicle offered or posted for sale on real property in which the person does not have a legal interest if the primary purpose of displaying or parking the vehicle on the property is to promote or effect the sale of the vehicle.
(2) This section does not prohibit the display or parking of a motor vehicle offered or posted for sale when:
(a) the display or parking of the motor vehicle is incidental to actual operation and immediate use of the motor vehicle by the motor vehicle owner;
(b) the motor vehicle owner obtains the written consent of the real property owner, lessee, or agent of the owner or lessee on whose property the motor vehicle is displayed and posts the written consent or a copy of the written consent in the front or rear window of the motor vehicle; or
(c) unless otherwise prohibited by local ordinance, the motor vehicle is displayed on a public street that is adjacent to real property in which the person offering the motor vehicle for sale has a legal interest.
(3) A person who violates subsection (1):
(a) is subject to a written warning for the first violation; and
(b) for a second or subsequent violation, is guilty of a misdemeanor and upon conviction may be fined an amount not less than $250 and not more than $500.
(4) Each violation of subsection (1) is considered a separate offense.
History: En. Sec. 1, Ch. 385, L. 2001; amd. Sec. 170, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 1. Dealers › 61-4-150. Sale, transfer, or exchange of dealership -- notice -- response to notice

61-4-150. Sale, transfer, or exchange of dealership -- notice -- response to notice.
(1) A manufacturer of new motor vehicles, a factory branch, a distributor, a distributor branch, an importer, a field representative, an officer, an agent, or any representative of the persons or entities listed in this subsection may not unreasonably withhold consent to the sale, transfer, or exchange of a franchise to a qualified buyer capable of being licensed as a new motor vehicle dealer in this state who meets the state's statutory requirements for appointment as a dealer.
(2) (a) A manufacturer or distributor shall respond to a dealer in writing within 60 days of receipt of the dealer's request, delivered by certified mail to the manufacturer or distributor, for consent to the sale, transfer, or exchange of the dealer's franchise submitted by the dealer to the manufacturer or distributor pursuant to the provisions of subsection (1).
(b) The manufacturer shall acknowledge, in writing delivered by certified mail to the dealer and the buyer designated in the dealer's request for consent, receipt of the request. Failure to respond within the 60-day period established in subsection (2)(a) is approval of the request.
(c) If the manufacturer or distributor requires additional information to complete its review, the manufacturer or distributor shall notify the buyer in writing delivered by certified mail within 15 business days of receipt of the dealer's request. If the manufacturer or distributor requests additional information, the 60-day time period for approval runs from the time of the receipt of the requested supplemental information. The manufacturer or dealer may request additional information only one time.
History: En. Sec. 2, Ch. 177, L. 2001.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 2. Licensing of New Motor Vehicle Manufacturers, Distributors, and Importers -- Disputes -- Standing › 61-4-203. Administration

61-4-203. Administration.
The department shall supervise and regulate all persons required by this part to be licensed. In the supervision and regulation thereof the department may:
(1) make investigations it considers necessary; and
(2) conduct hearings and compel attendance of witnesses at the hearings pursuant to the Montana Administrative Procedure Act.
History: En. 51-603 by Sec. 3, Ch. 380, L. 1977; R.C.M. 1947, 51-603; amd. Sec. 2, Ch. 431, L. 1981; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 12, Ch. 335, L. 2019.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 2. Licensing of New Motor Vehicle Manufacturers, Distributors, and Importers -- Disputes -- Standing › 61-4-209. Cease and desist orders

61-4-209. Cease and desist orders.
When the department has reasonable cause to believe, from information furnished to or from an investigation made by it, that any person is engaged in any business regulated by this part without being licensed as required, it shall immediately issue and serve upon the person, by certified mail, a cease and desist order, requiring the person to cease and desist from further engaging in that business. Upon failure of that person to comply with the order, the department shall file an action in the district court of Lewis and Clark County to restrain and enjoin the person from engaging in the business. The court in the action shall proceed as in other actions for injunctions.
History: En. 51-608 by Sec. 8, Ch. 380, L. 1977; R.C.M. 1947, 51-608; amd. Sec. 2, Ch. 431, L. 1981; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 1942, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 2. Licensing of New Motor Vehicle Manufacturers, Distributors, and Importers -- Disputes -- Standing › 61-4-210. Penalties -- administrative penalties

61-4-210. Penalties -- administrative penalties.
(1) Except as provided in subsection (2), a person who violates any provision of this part is guilty of a misdemeanor and upon conviction shall be fined not less than $500 or more than $1,000 for each violation. Each day that a violation continues or occurs constitutes a separate violation.
(2) A manufacturer on direct dealerships, distributor on indirect dealerships, or importer on direct dealerships who has filed with the department an agreement used by all its franchisees in this state together with a list of all such franchisees and who fails to notify the department within 30 days of any revision, change, or addition thereto is guilty of a misdemeanor and upon conviction shall be fined not to exceed $500.
(3) If any new motor vehicle dealer or transferee of a new motor vehicle dealer incurs pecuniary loss due to a violation of this part by a manufacturer, distributor, importer, or factory branch or representative or agent of the listed persons or entities, the new motor vehicle dealer or transferee of a new motor vehicle dealer may recover damages in a court of competent jurisdiction in an amount equal to three times the pecuniary loss, together with costs including reasonable attorney fees.
(4) In addition to any other penalty provided for in this part, the department may take appropriate enforcement action on its own initiative in accordance with the contested case procedures of Title 2, chapter 4. A person who violates the provisions of this part may be subject to administrative action and a civil penalty not to exceed $500 for each violation.
History: En. 51-604, 51-607 by Secs. 4, 7, Ch. 380, L. 1977; R.C.M. 1947, 51-604(4), 51-607; amd. Sec. 2, Ch. 431, L. 1981; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 2, Ch. 229, L. 1991; amd. Sec. 7, Ch. 308, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 2. Licensing of New Motor Vehicle Manufacturers, Distributors, and Importers -- Disputes -- Standing › 61-4-211. Repealed

61-4-211. Repealed.
Sec. 4, Ch. 431, L. 1981.
History: En. Sec. 2, Ch. 557, L. 1979.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 2. Licensing of New Motor Vehicle Manufacturers, Distributors, and Importers -- Disputes -- Standing › 61-4-212. Damage notice

61-4-212. Damage notice.
(1) Except as provided in subsection (2), a franchisor is required:
(a) to disclose in writing to a new motor vehicle dealer damage to a new motor vehicle delivered to the new motor vehicle dealer if the damage is known to the franchisor and repaired, the damage occurred after the manufacturing process is complete but before delivery to the new motor vehicle dealer, and the damage exceeds 5% of the franchisor's suggested retail price as calculated at the rate of the new motor vehicle dealer's authorized warranty rate for labor and parts; and
(b) to disclose in writing to a purchaser of the new motor vehicle before entering into a sales contract that the new motor vehicle has been damaged and repaired if the damage to the new motor vehicle exceeds 5% of the franchisor's suggested retail price as calculated at the rate of the new motor vehicle dealer's authorized warranty rate for labor and parts.
(2) Disclosure is not required for any glass, tires, or bumper of a new motor vehicle if the damaged item has been replaced with original or comparable equipment.
(3) If disclosure is not required under subsection (2), a purchaser may not revoke or rescind a sales contract due solely to the fact that the new motor vehicle was damaged and repaired before completion of the sale.
(4) For purposes of this section, "franchisor's suggested retail price" means the retail price of the new motor vehicle suggested by the franchisor, including the retail delivered price suggested by the franchisor for each accessory or item of optional equipment physically attached to the new motor vehicle at the time of delivery to the new motor vehicle dealer that is not included within the retail price suggested by the franchisor for the new motor vehicle.
History: En. Sec. 8, Ch. 308, L. 2009.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 2. Licensing of New Motor Vehicle Manufacturers, Distributors, and Importers -- Disputes -- Standing › 61-4-216. Administrative hearings and adjudications -- procedure

61-4-216. Administrative hearings and adjudications -- procedure.
(1) A new motor vehicle dealer or transferee of a new motor vehicle dealer who is directly and adversely affected by the action or conduct of a manufacturer, person, or entity described in 61-4-208(1) that is alleged to be in violation of any provision of Montana law, including but not limited to 30-11-701 through 30-11-713, 30-11-717 through 30-11-719, 61-4-131 through 61-4-137, 61-4-150, 61-4-208, and 61-4-213, may seek a declaration and adjudication of rights and obligations with respect to the alleged action or conduct by filing with the department a complaint and request for an administrative hearing that conforms substantially with the requirements of the contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, which governs all matters and procedures respecting the hearing and judicial review of cases such as this. The hearing officer shall assess the department's costs against the parties or a party as a cost of the action.
(2) Objections or notice of protest pursuant to 61-4-205(1) and (2) must be adjudicated pursuant to those statutes if mediation pursuant to 61-4-215 is unsuccessful.
History: En. Sec. 2, Ch. 389, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 2. Licensing of New Motor Vehicle Manufacturers, Distributors, and Importers -- Disputes -- Standing › 61-4-217. Standing to bring action

61-4-217. Standing to bring action.
(1) The following entities have standing to seek redress for violations of Title 30, chapters 11 and 14, part 25, of this chapter, or of any other provision of Montana law relating to or affecting the relationship between a manufacturer, person, or entity described in 61-4-208(1) and a new motor vehicle dealer:
(a) a new motor vehicle dealer;
(b) a transferee of a new motor vehicle dealer; and
(c) any corporation or association that is primarily owned by or composed of new motor vehicle dealers and that primarily represents the interests of new motor vehicle dealers if at least one of the corporation or association members would have standing on its own, the interests that the action seeks to protect are germane to the corporation or association's purpose, and the claim asserted or the relief requested does not require the participation of individual members in the action.
(2) Entities that have standing under subsection (1) may:
(a) file a petition and request the department handle the matter as an administrative proceeding; or
(b) bring a civil action in a court of competent jurisdiction.
(3) An action filed under this section may seek:
(a) recovery of actual damages;
(b) declaratory or injunctive relief; or
(c) reasonable costs of the suit and attorney fees to a prevailing party.
(4) A court or administrative hearing officer may, in its discretion, increase the award of damages up to an amount not to exceed three times the actual damages sustained for a willful violation of this chapter.
History: En. Sec. 3, Ch. 389, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 2. Licensing of New Motor Vehicle Manufacturers, Distributors, and Importers -- Disputes -- Standing › 61-4-221. Manufacturer's representative's license plates

61-4-221. Manufacturer's representative's license plates.
(1) As used in 61-4-221 through 61-4-223, "manufacturer's representative" means a resident of Montana who is an employee of a motor vehicle manufacturer licensed under the provisions of 61-4-202 and whose responsibility includes coordinating and promoting sales efforts with the manufacturer's dealers.
(2) Subject to the provisions of 61-4-221 through 61-4-223 and notwithstanding the provisions of Title 61, chapter 3, a manufacturer's representative who qualifies as provided in subsection (1) may display manufacturer's license plates on a motor vehicle used solely for business purposes.
(3) To qualify for the issuance and use of manufacturer's license plates by its manufacturer's representatives, the manufacturer licensed under 61-4-202 shall apply on forms and in a manner prescribed by the department and pay the fees provided for in 61-4-222.
History: En. Sec. 1, Ch. 404, L. 1989.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 2. Licensing of New Motor Vehicle Manufacturers, Distributors, and Importers -- Disputes -- Standing › 61-4-222. Fees

61-4-222. Fees.
(1) Upon making the application required under 61-4-221, the manufacturer shall pay to the department a fee of $250, which entitles the manufacturer to one set of license plates, and an additional fee of $20 for each additional set of license plates. The manufacturer may receive one set of license plates for each manufacturer's representative.
(2) The fees provided for in subsection (1) do not apply to the manufacturer of a personal watercraft as defined in 23-2-502, a snowmobile as defined in 23-2-601, or an off-highway vehicle as defined in 23-2-801.
History: En. Sec. 2, Ch. 404, L. 1989; amd. Sec. 8, Ch. 384, L. 1999; amd. Sec. 107, Ch. 596, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 2. Licensing of New Motor Vehicle Manufacturers, Distributors, and Importers -- Disputes -- Standing › 61-4-223. Assignment of numbers

61-4-223. Assignment of numbers.
(1) Upon the licensing of a manufacturer under 61-4-202, the department shall assign to the manufacturer a distinctive serial number and, after payment of fees provided for in 61-4-222, furnish every qualified manufacturer's representative of that manufacturer with one set of license plates. Assigned license plates must be similar to standard license plates furnished to owners of motor vehicles but must bear, in addition to the serial number assigned to the manufacturer, the letters "MFG".
(2) The department shall cause to be placed on each set of license plates issued to a manufacturer a serial number assigned to the manufacturer and the actual number of license plates issued to the manufacturer. The department shall provide registration decals bearing the appropriate county designation. The registration decals must be affixed to the license plates in use in accordance with instructions by the department.
(3) A manufacturer's representative who qualifies as provided in 61-4-221(1) may display manufacturer's license plates on a motor vehicle held for bona fide sale or used solely in the conduct of the manufacturer's business and operated by or under the control of the manufacturer's representative.
(4) When the department has reasonable cause to believe, from an investigation made by it or information furnished to it by a sheriff or any other law enforcement officer, that a manufacturer has been improperly licensed, has used the manufacturer's license other than as authorized in this section, or is not qualified as a manufacturer under the requirements of this part, the department may revoke the manufacturer's license.
History: En. Sec. 3, Ch. 404, L. 1989; amd. Sec. 69, Ch. 130, L. 2005; amd. Sec. 108, Ch. 596, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 2. Licensing of New Motor Vehicle Manufacturers, Distributors, and Importers -- Disputes -- Standing › 61-4-225. Loaner license plates -- issuance -- restrictions on use

61-4-225. Loaner license plates -- issuance -- restrictions on use.
(1) On application and payment of an annual fee of $25 for a set, the department may issue loaner plates to a new motor vehicle dealer as defined in 61-4-201.
(2) Loaner license plates may be displayed only on a new motor vehicle:
(a) that remains on a manufacturer's statement of origin;
(b) that is in the inventory of the dealer and held primarily for resale; and
(c) that the dealer loans to a customer while the dealer is repairing the customer's vehicle.
(3) A dealer shall maintain records detailing to whom a vehicle bearing loaner plates has been loaned, the date of the loan, the date on which the vehicle bearing loaner plates is to be returned, and the actual date of the vehicle's return. These records must include the name, address, and telephone number of the person or entity to whom the vehicle has been loaned and the name of a contact person who will oversee the actual operation and use of the vehicle. The records are subject to audit by the department.
(4) It is the responsibility of the person or entity to whom the vehicle bearing loaner plates was loaned to carry, while operating or in actual physical control of the vehicle, written proof that the person or entity is authorized to operate or be in actual physical control of the vehicle.
(5) If a dealer allows a person or entity to operate or retain actual physical control of a vehicle bearing loaner plates in violation of this section, the department may suspend the dealer's right to use the loaner plates for a period not to exceed 6 months.
History: En. Sec. 4, Ch. 389, L. 2021.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 3. Transportation of Vehicles › 61-4-301. Permit and transit plates for new motor vehicles being transported by driveaway or towaway methods -- used mobile homes

61-4-301. Permit and transit plates for new motor vehicles being transported by driveaway or towaway methods -- used mobile homes.
(1) (a) A person, firm, partnership, or corporation, regularly and lawfully engaged in the transportation of new motor vehicles over the highways of this state from manufacturing or assembly points to agents of manufacturers and dealers in this state or in other states, territories, or foreign countries or provinces by the driveaway or towaway methods, when the motor vehicles being driven, towed, or transported by the saddle-mount, towbar, or full-mount methods, or a lawful combination of these methods, will be transported over the highways of the state only once, may annually apply to the department of justice for a permit to use the highways of this state and shall pay, upon filing the application, a fee of $100. Upon processing of the application, that department shall issue an annual permit to the applicant.
(b) A person moving used mobile homes from a point outside the state to a point inside the state may apply to the department for the permit authorized pursuant to subsection (1)(a).
(2) (a) The permitholder may also apply to the department of justice for five sets of transit plates showing the permit number for identification of the motor vehicles being transported by the permitholder, and the plates or devices may be used on a motor vehicle being driven, towed, or transported by and under the control of the permitholder. The department shall collect the additional sum of $10 for each set of transit plates or devices applied for and issued.
(b) A permitholder may apply for and receive more than five sets of transit plates in a calendar year if the permitholder can demonstrate, to the satisfaction of the department, that additional sets of plates are needed based on the number of trip fees reported in Montana in the previous calendar year. The department shall collect $10 for each additional set of transit plates issued.
(3) The department of justice shall retain the permit and plate fees to defray costs of administering 61-4-301 through 61-4-308.
(4) The permit and transit plates or devices expire on December 31 of each year.
History: En. Sec. 6-401, Ch. 197, L. 1965; amd. Sec. 121, Ch. 316, L. 1974; R.C.M. 1947, 32-3401; amd. Sec. 14, Ch. 575, L. 1993; amd. Sec. 15, Ch. 299, L. 2003; amd. Sec. 174, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 3. Transportation of Vehicles › 61-4-302. One-trip fee in addition to permit and plate fees payable quarterly -- exception

61-4-302. One-trip fee in addition to permit and plate fees payable quarterly -- exception.
(1) In addition to the permit and plate fees, a permitholder shall pay to the department a one-trip fee of $5 for each driven motor vehicle. The fee must be paid within 15 days after the end of the calendar quarter upon forms recommended or supplied by that department.
(2) A person moving new or used mobile homes is not subject to the one-trip fee required by subsection (1).
History: En. Sec. 6-402, Ch. 197, L. 1965; amd. Sec. 122, Ch. 316, L. 1974; R.C.M. 1947, 32-3402; amd. Sec. 15, Ch. 575, L. 1993; amd. Sec. 175, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 3. Transportation of Vehicles › 61-4-303. Disposition of funds collected

61-4-303. Disposition of funds collected.
The department of justice shall retain 5% of the funds collected in payment of the trip fees to defray costs of administration. The remaining 95% shall be transferred, on or before the 15th day of each month after collection, to the credit of the department of transportation.
History: En. Sec. 6-403, Ch. 197, L. 1965; amd. Sec. 123, Ch. 316, L. 1974; amd. Sec. 2, Ch. 286, L. 1977; R.C.M. 1947, 32-3403; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 3. Transportation of Vehicles › 61-4-304. Fees provided for to be in addition to fees now payable under chapter 12, Title 69

61-4-304. Fees provided for to be in addition to fees now payable under chapter 12, Title 69.
The fees provided for driveaway or towaway transportation are in addition to any fees payable by for-hire carriers under the provisions of chapter 12, Title 69.
History: En. Sec. 6-404, Ch. 197, L. 1965; R.C.M. 1947, 32-3404.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 3. Transportation of Vehicles › 61-4-305. Driveaway or towaway fees in lieu of other fees payable -- election to pay other fees

61-4-305. Driveaway or towaway fees in lieu of other fees payable -- election to pay other fees.
The fees provided for driveaway or towaway transporters are in consideration of the right to use the highways of the state and except as provided in 61-4-304 are in lieu of all other fees including those which might be payable under the provisions of part 2 of chapter 10. However, any operator may elect to pay the fees payable under the provisions of that part.
History: En. Sec. 6-405, Ch. 197, L. 1965; R.C.M. 1947, 32-3405; amd. Sec. 51, Ch. 421, L. 1979.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 3. Transportation of Vehicles › 61-4-306. Exemptions from fees

61-4-306. Exemptions from fees.
The fees provided for driveaway or towaway transporters do not apply to:
(1) motor vehicles regularly used in the hauling of motor vehicles by the truckaway method or to the motor vehicles being hauled;
(2) motor vehicles operated under dealers' licenses or plates;
(3) motor vehicles registerable under any other provisions of law;
(4) any person not issued a driveaway or towaway permit.
History: En. Sec. 6-406, Ch. 197, L. 1965; R.C.M. 1947, 32-3406; amd. Sec. 176, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 3. Transportation of Vehicles › 61-4-307. Display of plates

61-4-307. Display of plates.
A motor vehicle or combination of motor vehicles transported over the highways of the state by a permitholder shall display in a prominent position on the motor vehicle the distinctive transit plates or devices, with the towing motor vehicle displaying the plates or device on the front of the motor vehicle and a towed motor vehicle displaying the plates on the rear of the motor vehicle.
History: En. Sec. 3, Ch. 133, L. 1953; Sec. 53-632, R.C.M. 1947; amd. and redes. 32-3407 by Sec. 185, Ch. 316, L. 1974; R.C.M. 1947, 32-3407; amd. Sec. 177, Ch. 542, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 3. Transportation of Vehicles › 61-4-308. List of holders of permits and transit plates

61-4-308. List of holders of permits and transit plates.
The department of justice shall furnish the department of transportation a list of the permitholders and of the transit plates or devices issued to those permitholders.
History: En. Sec. 4, Ch. 133, L. 1953; Sec. 53-633, R.C.M. 1947; amd. and redes. 32-3408 by Sec. 186, Ch. 316, L. 1974; R.C.M. 1947, 32-3408; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 3. Transportation of Vehicles › 61-4-309. Repealed

61-4-309. Repealed.
Sec. 315, Ch. 42, L. 1997.
History: En. Sec. 1, Ch. 182, L. 1955; amd. Sec. 1, Ch. 126, L. 1965; amd. Sec. 2, Ch. 18, L. 1974; R.C.M. 1947, 53-119.1(part).
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 3. Transportation of Vehicles › 61-4-310. Single movement permit -- fee -- limitation -- county treasurer to issue

61-4-310. Single movement permit -- fee -- limitation -- county treasurer to issue.
(1) A vehicle subject to registration under chapter 3 may be moved unladen upon the highways of this state from a point within the state to a point of destination. The county treasurer at the point of the origin of the movement shall issue a special permit for the vehicle in lieu of fees required under 61-3-321 and part 2 of chapter 10 of this title upon application presented to the county treasurer in a form provided by the department, upon exhibiting to the county treasurer proof of ownership and evidence that the personal property taxes or fees in lieu of property tax on the vehicle, if any are due, have been paid, and upon payment of a fee of $5. The fee must be forwarded to the department of revenue for deposit in the state general fund. The permit is not in lieu of fees and permits required under 61-4-301 and 61-4-302.
(2) The permit is for the transit of the vehicle only, and the vehicle may not at the time of the transit be used for the transportation of any persons, except the driver, or any property for compensation or otherwise and is for one transit only between the points of origin and destination as set forth in the application and shown on the permit.
(3) A junk vehicle being driven or towed to a motor vehicle wrecking facility or a motor vehicle graveyard for disposal is exempt from the provisions of this section. The definitions in 75-10-501 apply to this subsection.
(4) A manufactured home, mobile home, or housetrailer may be moved unladen upon the highways of this state from a point within the state to a point of destination only if a tax-paid receipt authorizing the move has been issued under 15-24-206.
History: En. Sec. 1, Ch. 182, L. 1955; amd. Sec. 1, Ch. 126, L. 1965; amd. Sec. 2, Ch. 18, L. 1974; R.C.M. 1947, 53-119.1(part); amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 1, Ch. 79, L. 1993; amd. Sec. 249, Ch. 42, L. 1997; amd. Sec. 21, Ch. 13, Sp. L. August 2002; amd. Sec. 109, Ch. 596, L. 2005.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 3. Transportation of Vehicles › 61-4-311. Repealed

61-4-311. Repealed.
Sec. 34, Ch. 13, Sp. L. August 2002.
History: En. Sec. 2, Ch. 182, L. 1955; R.C.M. 1947, 53-119.2.
2023 Montana Code Annotated › Title 61. Motor Vehicles › Chapter 4. Sales and Distribution of Motor Vehicles › Part 4. Monopolies in Financing Sale of Motor Vehicles › 61-4-401. Declaration of policy

61-4-401. Declaration of policy.
It is hereby declared to be the policy of this state that free and unrestrained competition shall prevail in the business of financing the purchase or sale of motor vehicles.
History: En. Sec. 1, Ch. 144, L. 1937; R.C.M. 1947, 51-201.