Montana Attorney General Opinion 16-169

Opinion No. 169. Motor Vehicles - Licenses-Highway Patrol-=-Chauffeur's Licenses-Regis- tration Laws, Violation of-Fines, Disposition of-Patrolmen. HELD: 1. The chauffeur's license provisions have been repealed. 2. All fines collected for violation of the Motor Vehicle Registration Laws of the State from persons ap- prehended or arrested by patrolmen shall be credited to the State High- way Patrol Revolving Fund. September 10, 1935. Mr. L. C. Boedecker Supervisor, Montana Highway Patrol The Capitol You have requested my opinion on 176 OPINIONS OF THE ATTORNEY GENERAL ten questions concerning the Motor Vehicle and rlighway Patrol Laws. As eight of the questions are the same as those submitted by the Registrar of Motor Vehic!es, I enclose herewith copy of my lettec, dated September 10, 1935, to the Registrar of Motor Vehicles, to whi.ch you are referred for my opinion in answer to these questions. Your list, however, con- tains the two foll'Jwing questions: "I. Does Section 1761, Revised Codes of Montana of 1921, require a person employed by another to drive a car into or through the state for the purpose of sale or resale to have a chauffeur's license?" In view of our opinion to the Mon- tana Highway Patrol Board under date of April 30, 1935, to the effect that Sections 1761 and 1763, Revised Codes, had been repealed by Section 10, Chapter 185, Laws of 1935, this question should be answered in the negative. "2. Do not all fines collected for violation of the Motor Vehicle Regis- tration Laws of the State go to the Highway Patrol Revolving Fund, un- der Chapter 185, Laws of 1935?" Section 6 of said Chapter 185 de- clares that the "driving of a motor vehicle without all proper licenses or permits as now provided, or herein- after provided-" shall constitute "a crime punishable by law as herein- after provided." Section 7 ["covides for the fines to be imposed tOl viola- tions of the Act. Section 11 states: "For the purposes of carrying out the provisions of this Act, there is hereby created a State Highway Patrol Re- volving Fund to which shall be cred- ited all of the fees above mentioned and, in addition thereto, all fines col- lected. ., " * All fees, fines and for- feitures collected in any court from persons apprehended or arrested by patrolmen for violation of this Act and the laws and regulations relating to the use of state highways and the operation of vehicles thereon must be paid to the State Treasurer of Mon- tana, and by him credited to the State Highway Patrol Revolving Fund, and a separate account shall be kept thereof; * * *." Section 13 provides: "All Acts and parts of Acts in con- flict with the provisions of this Act are hereby repealed or amended to conform with the provisions of this Act." In view of the foregoing, it is my opinion, therefore, that all fines coi- lected for violation of the Motor Ve- hicle Registration Laws of the State from persons apprehended or arrest('d by patrolmen shall be credited to ~he State Highway Patrol Revolving Fund.