Montana Attorney General Opinion 15-147

Opinion No. 147 i\lotor Vehicles-Trucks-- Automobiles -Classification. HELD: If a vehicle is primarily adapted for the cnrrying of freight or merchandise it should be listed as 11 truck, and a vehicle which is primarily adapted for the carrying of passengers should not be classified as a truck al- though it may he used for the purpose of carrying freight or merchandise. April 10, 1933. In reply to your inquiry as to de- termining the distinction between "trucks" and "other motor vehicles", the term "trucks" is defined in section 1763 H. C. 1\1. 1921. It must indeed be difficult to determine in many in- stances whether a vehicle is a truck, or is not included within that term. I t would seem as if the test should be this: If the vehicle is primarily adapt- ed for 'the carrying of freight or mer- chandise, that same should be listed as a truck and that a vehicle which is primarily adapted for the carrying of passengers should not be classified as a truck although it may be used for the purpose of carrying freight or mer- chandise. In the determination of this fact it would seem necessary that the Hegistrar of l\Iotor Vehicles exercise a discretion and that no other reasonable interpretation of the law can be had save that the Hegistrar of Motor Ve- hicles has such reasonable discretion in determining whethel' or not a vehicle requires a truck or a car license.