HOUSE BILL NO. 55
INTRODUCED BY WANZENRIED
BY REQUEST OF THE DEPARTMENT OF TRANSPORTATION
AN ACT REQUIRING PERMANENT REGISTRATION OF TRAILER AND SEMITRAILER FLEETS; ESTABLISHING A PERMANENT REGISTRATION FEE; REQUIRING SURRENDER TO THE DEPARTMENT OF TRANSPORTATION OF THE REGISTRATION AND LICENSE PLATE OF A TRAILER OR SEMITRAILER THAT IS REMOVED FROM A FLEET; AMENDING SECTION 61-3-721, MCA; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-3-721, MCA, is amended to read:
"61-3-721. Proportional registration of fleet vehicles, registration periods, application, fee formula, and payment -- permanent registration of trailer and semitrailer fleets -- transfer of ownership -- transfer of license plates. (1) An owner of one or more fleets may register and license each fleet for operation in this state by filing an application with the department of transportation. The application must contain the information pertinent to vehicle registration that is required by the department of transportation.
(2) Each fleet subject to the provisions of 61-3-711 through 61-3-733 must, except as provided in 61-3-318(1) and subsection (6) of this section, be registered for an annual registration period based upon the date that the fleet is first registered in this state.
(3) There are four annual registration periods, each of which begins on the first day of a calendar quarter. As used in this subsection, "calendar quarter" means the period of 3 consecutive months ending March 31, June 30, September 30, or December 31. The periods are:
(a) January 1 through March 31 &# 160; 1st period
(b) April 1 through June 30 2nd period
(c) July 1 through September 30 &# 160; 3rd period
(d) October 1 through December 31 &# 160; 4th period
(4) Registration of a fleet of apportionable vehicles under subsection (2) must be renewed on or before the last day of the month for the designated annual registration period unless a different registration period has been authorized pursuant to 61-3-716(2). The department shall provide for simultaneous registration of multiple fleets of apportionable vehicles in common ownership.
(5) Except as provided in subsection (6), the application for each fleet may be accompanied by a fee payment computed by:
(a) dividing in-state miles by total fleet miles as defined in the applicable agreement entered into pursuant to 61-3-711 through 61-3-733;
(b) determining the total amount necessary to register each vehicle in the fleet for which registration is requested, based on the regular annual registration fees prescribed by 61-3-321 and chapter 10, part 2, and the property taxes that are due on the fleet;
(c) multiplying the sum obtained under subsection (5)(b) by the fraction obtained under subsection (5)(a).
(6) (a) Each trailer and semitrailer fleet must be registered for a 5-year period based upon the date that the fleet is first registered in this state.
(b) Each trailer and semitrailer in the fleet for which registration is requested must be assessed a registration fee equal to five times the amount prescribed by 61-3-321.
(c) Each trailer or semitrailer must be issued a license plate, a distinctive sticker, or other suitable identification device valid for 5 years from the date of the original application or renewal application.
(d) Registration of a trailer or semitrailer must be renewed on or before the last day of the month for the designated 5-year registration period.
(7) Upon the transfer of ownership of a trailer or semitrailer, the registration of the trailer or semitrailer expires and it is the duty of the transferor to immediately remove the license plates from the trailer or semitrailer.
(8) (a) If the transferor applies for the registration of another trailer or semitrailer at any time during the remainder of the current registration period as shown on the original registration, the transferor may file an application with the department of transportation, accompanied by the original certificate of registration, for the transfer of the license plates. The application for transfer of the license plates must be made by the person or motor carrier in whose name the original license plates to the trailer or semitrailer were issued. The use of the license plates is not legal until the proper transfer of license plates has been made.
(b) License plates may be transferred pursuant to this section without transferring ownership of the trailer or semitrailer for which the license plates were originally issued.
(c) Upon transfer of the license plates, the registration of the trailer or semitrailer from which the license plates were transferred expires. The registration for the trailer or semitrailer must be surrendered to the department of transportation with the application for transfer.
(d) License plates issued for a trailer or semitrailer under this section may be transferred only to a replacement trailer or semitrailer. A license plate fee may not be assessed upon transfer of a license plate. Upon renewal or new registration, each trailer or semitrailer fleet must be permanently registered and assessed a registration fee equal to five times the amount required in 61-3-321(1)(j). Each trailer and semitrailer in the fleet must be issued a permanent license plate and sticker.
(7) The fee assessed in subsection (6) is a one-time fee except upon transfer of ownership of a trailer or semitrailer.
(8) If the owner of a fleet removes a trailer or semitrailer from the fleet, the owner shall surrender the registration and license plate assigned to the trailer or semitrailer to the department of transportation. The owner may not transfer the license plate and sticker to a trailer or semitrailer that is added to the fleet.
(9) Applications submitted with fees may be recomputed by the department of transportation. The department of transportation shall furnish a statement showing the overpayment or balance due.
(10) Applications submitted without fees must be computed by the department of transportation. The department of transportation shall furnish a statement showing the amount of fees due."
Section 2. Coordination instruction. If Senate Bill No. 285 and [this act] are both passed and approved, then 61-3-721 must be amended as follows:
"61-3-721. Proportional registration of motor fleet vehicles, registration periods, application, fee formula, and payment -- permanent registration of trailer and semitrailer fleets -- transfer of ownership -- transfer of license plates. (1) An owner of one or more fleets may register and license each fleet for operation in this state by filing an application with the department of transportation. The application must contain the information pertinent to motor vehicle, trailer, semitrailer, or pole trailer registration that is required by the department of transportation.
(2) Each Except as provided in 61-3-318(1) and subsection (6) of this section, each fleet subject to the provisions of 61-3-711 through 61-3-733 must, except as provided in 61-3-318(1) and subsection (6) of this section, be registered for an annual registration period based upon the date that the fleet is first registered in this state.
(3) There are four annual registration periods, each of which begins on the first day of a calendar quarter. As used in this subsection, "calendar quarter" means the period of 3 consecutive months ending March 31, June 30, September 30, or December 31. The periods are:
(a) January 1 through March 31 &# 160; 1st period
(b) April 1 through June 30 &# 160; 2nd period
(c) July 1 through September 30 &# 160; 3rd period
(d) October 1 through December 31 &# 160; 4th period
(4) Registration of a fleet of apportionable motor vehicles under subsection (2) must be renewed on or before the last day of the month for the designated annual registration period unless a different registration period has been authorized pursuant to 61-3-716(2). The department shall provide for simultaneous registration of multiple fleets of apportionable motor vehicles in common ownership.
(5) Except as provided in subsection (6), the application for each fleet may be accompanied by a fee payment computed by:
(a) dividing in-state miles by total fleet miles as defined in the applicable agreement, arrangement, or declaration entered into pursuant to 61-3-711 through 61-3-733;
(b) determining the total amount necessary to register each motor vehicle, trailer, semitrailer, or pole trailer in the fleet for which registration is requested, based on the regular annual registration fees prescribed by 61-3-321 and chapter 10, part 2, and the property taxes that are due on the fleet;
(c) multiplying the sum obtained under subsection (5)(b) by the fraction obtained under subsection (5)(a).
(6) (a) Each trailer and semitrailer fleet must be registered for a 5-year period based upon the date that the fleet is first registered in this state.
(b) Each trailer and semitrailer in the fleet for which registration is requested must be assessed a registration fee equal to five times the amount prescribed by 61-3-321.
(c) Each trailer or semitrailer must be issued a license plate, a distinctive sticker, or other suitable identification device valid for 5 years from the date of the original application or renewal application.
(d) Registration of a trailer or semitrailer must be renewed on or before the last day of the month for the designated 5-year registration period.
(7) Upon the transfer of ownership of a trailer or semitrailer, the registration of the trailer or semitrailer expires and it is the duty of the transferor to immediately remove the license plates from the trailer or semitrailer.
(8) (a) If the transferor applies for the registration of another trailer or semitrailer at any time during the remainder of the current registration period as shown on the original registration, the transferor may file an application with the department of transportation, accompanied by the original certificate of registration, for the transfer of the license plates. The application for transfer of the license plates must be made by the person or motor carrier in whose name the original license plates to the trailer or semitrailer were issued. The use of the license plates is not legal until the proper transfer of license plates has been made.
(b) License plates may be transferred pursuant to this section without transferring ownership of the trailer or semitrailer for which the license plates were originally issued.
(c) Upon transfer of the license plates, the registration of the trailer or semitrailer from which the license plates were transferred expires. The registration for the trailer or semitrailer must be surrendered to the department of transportation with the application for transfer.
(d) License plates issued for a trailer or semitrailer under this section may be transferred only to a replacement trailer or semitrailer. A license plate fee may not be assessed upon transfer of a license plate. Upon renewal or new registration, each trailer, semitrailer, or pole trailer fleet must be permanently registered and assessed a registration fee of $82.50. Each trailer, semitrailer, or pole trailer in the fleet must be issued a permanent license plate and sticker.
(7) The fee assessed in subsection (6) is a one-time fee except upon transfer of ownership of a trailer, semitrailer, or pole trailer.
(8) If the owner of a fleet removes a trailer, semitrailer, or pole trailer from the fleet, the owner shall surrender the registration and license plate assigned to the trailer, semitrailer, or pole trailer to the department of transportation. The owner may not transfer the license plate and sticker to a trailer, semitrailer, or pole trailer that is added to the fleet.
(9) Applications submitted with fees may be recomputed by the department of transportation. The department of transportation shall furnish a statement showing the overpayment or balance due.
(10) Applications submitted without fees must be computed by the department of transportation. The department of transportation shall furnish a statement showing the amount of fees due."
Section 3. Effective date. [This act] is effective January 1, 2006.
- END -
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