Montana Attorney General Opinion 16-178

Opinion No. 178. Motor Vehicles-Registration- Licenses HELD: 1. In all cases where motor vehicles have been previously regis- tered the previous registration receipt must accompany the application. 2. The county treasurer may accept an application for registration or re- registration without the previous reg- istration receipt ONLY when a car has not been previously registered. September 30, 1935. Mr. Austin B. Middleton Registrar of Motor Vehicles Deer Lodge, Montana You have submitted the following questions: "1. Is the last registration receipt necessary for a car which has been licensed in the State of Montana prior to January 1, 1934? "2. Under what circumstances may the county treasurer accept an ap- plication for registration or re-reg- istration without the registration re- ceipt of a car which has previously been registered and licensed in this state ?" Section 1, Chapter 13, Laws of 1933- 34, Extraordinary Session, amending Chapter 158, Laws of 1933, provides: "The Treasurer of any county shall not accept any application for regis- tration or re-registration of any motor vehicle unless such application be accompanied by the previous reg- istration receipt issued by the Regis- trar of Motor Vehicles, * * *." Then follows an exception in the following language: "Except in cases of automobiles not previously licensed in Montana." This act became effec- tive on January 1, 1934 (Section 3), which' is the date mentioned in the proviso which follows covering c!lses of automobiles not previously li- censed: "* * * provided, upon applica- tion for registration or re-registra- tion of motor vehicles upon which li- cense has not been paid prior to Jan- uary 1st, 1934, that if the applicant in possession of any motor vehicle shall present, with his application for li- cense, an authentic and regularly is- sued certificate of title to any motor vehicle for which applicant desires to obtain a license, showing good title in applicant, and no license was ob- tained for such motor vehicle for the last preceding year, the County Treas- urer shall accept payment for the license for such motor vehicle for the current year and a license shall be issued to such applicant. * * *" This proviso last quoted must all be read together, and applied as so read, and it must also be read in con- nection. with the first part of the section above quoted. When so read, the conclusion is irresistible that, in all cases where cars haVe been pre- viously registered, the previolls reg- istration receipt must accompany the application. 186 OPINIONS OF THE ATTORNEY GENERAL Your first question, therefore, should be answered in the affirma- tive. Answering your second question, only when a car has not been pre- viously registered may the County Treasurer accept an application for registration or re-registration with- out the previous registration receipt.