61-3-712. Definitions. As used in 61-3-711 through 61-3-733 the following definitions apply:

(1) "Apportionable motor vehicle" means a motor vehicle, trailer, semitrailer, or pole trailer that is used or intended for use in more than one jurisdiction and that is used for the transportation of persons for hire, compensation, or profit or designed or used primarily for the transportation of property.

(2) "Fleet" means one or more apportionable motor vehicles.

(3) "Jurisdiction" means and includes a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country, and a state or province of a foreign country.

(4) "Legal residence" means a jurisdiction where the person lives or conducts business. This residence need not be coupled with the intent to live or conduct the business there on a permanent basis. The use of the word "residence" in 61-3-711 through 61-3-733 must be confined to the definition given and may not be confused with the word "domicile". This definition of "residence" further recognizes that a person may have several residences, but only one domicile.

(5) "Preceding year" means a period of 12 consecutive months fixed by the department of transportation, which period must be within 18 months immediately preceding the commencement of the registration or license year for which proportional registration is sought. The department in fixing the period shall conform the period to the terms, conditions, and requirements of any applicable agreement or arrangements for the proportional registration of motor vehicles, trailers, semitrailers, or pole trailers.

(6) (a) "Properly registered", as applied to place of registration, means:

(i) the jurisdiction where the person registering the motor vehicle, trailer, semitrailer, or pole trailer has the person's legal residence;

(ii) in the case of an apportionable motor vehicle, the jurisdiction in which it is registered if the enterprise in which the motor vehicle, trailer, semitrailer, or pole trailer is used has a place of business in the jurisdiction and if the motor vehicle, trailer, semitrailer, or pole trailer is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled in or from the place of business and the motor vehicle, trailer, semitrailer, or pole trailer has been assigned to the place of business; or

(iii) in the case of an apportionable motor vehicle, the jurisdiction where because of an agreement or arrangement between two or more jurisdictions or pursuant to a declaration the motor vehicle, trailer, semitrailer, or pole trailer has been registered as required by that jurisdiction.

(b) In case of doubt or dispute as to the proper place of registration of a motor vehicle, trailer, semitrailer, or pole trailer, the transportation commission shall make the final determination, but in making the determination, the commission may confer with departments of the other jurisdictions affected.

History: En. Sec. 2, Ch. 206, L. 1963; amd. Sec. 190, Ch. 316, L. 1974; R.C.M. 1947, 53-702(1), (2), (4) thru (6), (10); amd. Sec. 1, Ch. 36, L. 1981; amd. Sec. 1, Ch. 414, L. 1983; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 6, Ch. 75, L. 1995; amd. Sec. 133, Ch. 542, L. 2005.