Montana Attorney General Opinion 16-140

Opinion No. 140. Motor Vehicles-TraiIers-Licenses- "Pounds." HELD: The word "pounds" as used in the law requiring trailers and semi-trailers to be licensed, means the weight, not the capacity of the trailer or semi-trailer. July, 17, 1935. Mr. S. C. Small Deputy Registrar of Motor Vehicles Deer Lodge, Montana You have requested my opinion on the following: "1. Would a trailer or semi-trail- er which was 1000 pounds or under require a trailer license? "2. Does the word 'pounds' mean the weight of the trailer or the car- rying capacity?" Section 1760, as amended by Section 1 of Chapter 103, Laws of 1933, pro- vides: 140 OPINIONS OF THE ATTORNEY GENERAL "Registration fees shall be paid upon registration or re-registration of motor vehicles, trailers, semi- trailers and dealers in motor vehi- cles or automobile accessories in ac- cordance with this Act, as follows: * * * "Trailers and semi-trailers, over one thousand (1000) pounds and not over one (1) ton, Two Dollars ($2.00); "Trailers and semi-trailers, over one (1) ton, Five Dollars ($5.00)." I am of the opinion that the word "pounds" means the weight of the trailer or semi-trailer and not their carrying capacity. If this word had reference to the capacity of the trail- er, it is reasonable to suppose that the legislature would have used the word "capacity" as it did in the pre- ceding paragraphs of said section, in fixing the license fee of trucks accord- ing to their carrying capacity. Li- cense statutes are generally construed liberally in favor of the citizen and strictly against the state. In 37 C. J. 213, Section 66, it is stated: "Stat- utes and ordinances imposing licenses and business taxes are generally to be construed liberally in favor of the citi- zen and strictly against the govern- ment, whether state or municipal * * * " No doubt most, if not all, of the trailers or semi-trailers weighing less than 1000 pounds, are not used for commercial purposes and are used only occasionally or once a year by picnickers or vacationists, and the legislature may have thought it un- just to require a license fee for such occasional use.