Montana Attorney General Opinion 15-544

Opinion No. 544 ~(otol' Vehicles--Licenses-N on· Resi- dents--Operation for Profit -Sheriffs. HELD: Sections 7 and S of Chap- ter 126, Laws of 1933. are controlling as to when a non-resident, who oper- ates a motor vehicle in this state, must f<ecure a Montana license. May 23, 1934. You have requested my opinion on the following matter: "I am in receipt of a letter from the Regist.ral' of lVJ}otor Vehicles. Deer Lodge, Montana, dealing with the is- suance of registration forms to out-of- state cars during the present year. 'L'his letter reads 'in .part as follows: "'You are of course aware that these are not to be issued to a Mon- tana resident overating under a for- eign license nor to any person who enters the state with a foreign license and engages in any gainful occupa- tion.' "'1'0 facil1tate the handling of ap- plications for registration forms 1 would appreciate an interpl'etation from you as to just what. the above quotation means. 'Vould this cover, for instance, an insurance salesman or the auditor of an insurance com- pany who travels through the state making a few stops, or a man who enters the state with the purpose of transacting a business deal and who leaves in a few days. It appears to me if the abo\'e quoted instructions were followed literally, it would al- most preclude persons entering the state without purchasing a Montana license." The question involved, we think. is controlled by sections 7 and S of Chap- ter 126 of the Laws of W33, which 11 re as follows: "Section 7. Before any foreign li- censed motor vehicle shall be operated on the highways of this state for com- pensation or profit, or the owner there- of is using the vehicle while engaged in gainful occupation or business en- terprise, in the State of Montana, in- cluding highway work, the same shall he registered and licensed in this state in the same manner as is required in the case of domestic owned vehicles of similar character not heretofore reg- istered or licensed, and if the Regis- trar of Motor Vehicles is satisfied as to the facts stated in the application, he shall register and license such ve- hicle and assign thereto an appropri- ate certificate, emblem or device, which shall at all times be displayed upon such vehicle, when operated or driven upon roads and highways of this state during the period of the life of such license. "Section 8. All foreign registered and licensed motor vehicles shall also carry in plain Sight thereon the li- (:ense plates or device from such other state or foreign country." Said sections 7 and 8 seem to con- flict with 1, 2 and 3 of the same act but by reading Chapter 121, Laws of 1929, which the 1933 Act amends, we think that there is no doubt that our construction is correct. '1'he 1933 Act is obviously intended to place greater restrictions on foreign motor vehicles operated in this state for profit than was provided by the 1929 Act, and to give that intention effect, we must necessarily hold that sections 7 and 8 of the 1933 Act are proviSions that must he complied with irrespecth'e of sec- tions 1, 2 and 3 of the same chapter.