Montana Attorney General Opinion 15-509

Opinion No. 509 MOtOI' Vehicles-Licenses-Dealer's Li· censes-Cancellation of License fOI' ImpI'oper Use-Penalty fOI' 1m· pl'oper Use of Healer's License. HELD: It is the duty of the Regis- trar of Motor Vehicles to cancel a (Iealer's license which was obtained by misrepresentation or which is used otherwise than in the usual, ordinary conduct of his business as a dealer. 'i'he statutory penalty of $25 for mis- 348 OPINIOXS OF THE A'l'TORNEY GENERAL use of dealer's license. or for operating as a dealer without a dealer's lieense. may be enforced in successive action;; as 'long as the dealer persists in such offenses. April 12, 1!)34. You request an opinion of this offiee on the following ma t,ter : "Is it prima facie e\'idence, that an auto dealer, when he applies for a dealer's license, makes him a dealer in fact"! Under a law passed at the recent extra session, such dealer in his applieation is required to briYe cer- tain faets regarding the ears he han- dles and other information. "'Ve have every reason to believe that quite a few firms, sueh as gar- ages, ete., that do not retail new 01' used cars, seeure these dealer's li- censes and use them on their wreck- ers, personal ears, etc., and that in reality, an individual license should be obtained for each of these cars. "Then again, there is the ease of an aetual dealer who does not take out a dealer license. Is there any way we can compel sueh firm to take out the proper lieense?" Section 1759, R. C. M. 1921, as last amended by Chapter 158, Laws of 1!l33, subdivision 1 of seetion 1, requires all persons driving any motor yehicle on the highways of the state to obtain a Iieense. This applies to a dealer's ear used for private purposes as well as to all other opera tor;; of motor vehicles. Subdi "ision 2 of the same section re- quires all dealers to be registered as dealers and in any applieation for a dealer's license the applieant must fur- . nish the Rebristrar of Motor Vehicles sueh information as the Registrar may call for. Applic'lltions are submitted on forms furnished by the Registrar, and in such forms the Hegistrar may call for any information neeessary to enable him to determine the purpose for which the license is used. The Registrar may have direct questions in the applieation form that, if deliberately misrepresent- ed, may be used as a hasis for cancel- ling such dealer's license and maintain- ing an action for misdemeanor. The statute provides that "upon its being made to appear to the satisfaction of the Registrar that any such dealer has used his dealer's license otherwise than in the usual, ordinary eon duct of his business, the registrar may revoke such dealer's license." If furnished with satisfactory infor- mation showing a violation of the law under the circumstances given in either of your two first propositions, the Hegistrar has the power, and it would be his duty, to cancel the dealer's li- cense. In addition the dealer is suhject to a fine of not more than $25.00. In regard to ~'our third proposition. one shown to be a dealer and operating without a dealer's license may be fined not to exceed $25.00. (Section 2 of Chapter 158, referred to heretofore.) This is not a heavy penalty, but it eould be made so by enforeing the law a nd penalizing the dealer in one action after another if he perSisted and re- fu;;ed to comply with the law.