2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-501. Definitions

75-10-501. Definitions.
Unless the context requires otherwise, in this part, the following definitions apply:
(1) "Board" means the board of environmental review provided for in 2-15-3502.
(2) "Component part" means any identifiable part of a discarded, ruined, wrecked, or dismantled motor vehicle, including but not limited to fenders, doors, hoods, engine blocks, motor parts, transmissions, frames, axles, wheels, tires, and passenger compartment fixtures.
(3) "Department" means the department of environmental quality provided for in 2-15-3501.
(4) "Junk mobile home" means a mobile home as defined in 15-24-201 that is wrecked, ruined, dismantled, or abandoned and is no longer fit for human habitation.
(5) "Junk nonmotorized vehicle" means an inoperative vehicle that is not constructed with a motor and that is discarded, ruined, wrecked, or dismantled.
(6) (a) "Junk vehicle" means a motor vehicle, including component parts:
(i) that is discarded, ruined, wrecked, or dismantled;
(ii) that, except as provided in subsection (6)(b), is not lawfully and validly licensed; and
(iii) that remains inoperative or incapable of being driven.
(b) If a vehicle is permanently registered under 61-3-562 and meets the criteria for a junk vehicle under subsection (6)(a), the vehicle is a junk vehicle.
(7) "Motor vehicle graveyard" means a collection point established by a county for junk motor vehicles prior to their disposal.
(8) (a) "Motor vehicle wrecking facility" means:
(i) a facility buying, selling, or dealing in four or more vehicles a year, of a type required to be licensed, for the purpose of wrecking, dismantling, disassembling, or substantially changing the form of the motor vehicle; or
(ii) a facility that buys or sells component parts, in whole or in part, and deals in secondhand motor vehicle parts. A facility that buys or sells component parts of a motor vehicle, in whole or in part, is a motor vehicle wrecking facility whether or not the buying or selling price is based upon weight or any other type of classification.
(b) The term does not include a garage where wrecked or disabled motor vehicles are temporarily stored for a reasonable period of time for inspection, repairs, or subsequent removal to a junkyard.
(9) "Person" means any individual, firm, partnership, company, association, corporation, city, town, local governmental entity, or other governmental or private entity, whether organized for profit or not.
(10) "Public view" means any point 6 feet above the surface of the center of a public road from which junk vehicles can be seen.
(11) "Shielding" means the construction or use of fencing or constructed or natural barriers to conceal junk vehicles from public view.
History: En. Sec. 1, Ch. 410, L. 1973; amd. Sec. 1, Ch. 251, L. 1977; amd. Sec. 1, Ch. 252, L. 1977; R.C.M. 1947, 69-6801; amd. Sec. 1, Ch. 28, L. 1983; amd. Sec. 1, Ch. 572, L. 1991; amd. Sec. 196, Ch. 418, L. 1995; amd. Secs. 529, 568, Ch. 546, L. 1995; amd. Sec. 1, Ch. 265, L. 2007; amd. Sec. 2503, Ch. 56, L. 2009; amd. Sec. 2, Ch. 427, L. 2019.