61-3-725. Withdrawal of fleet motor vehicles -- procedure, credits, and accounting. (1) If a motor vehicle, trailer, semitrailer, or pole trailer is withdrawn from a proportionally registered fleet during the period for which it is registered, the owner of the fleet shall notify the department of transportation of that fact on forms prescribed by the department. The department may require the owner to surrender proportional registration cards and other identification devices that have been issued with respect to that motor vehicle, trailer, semitrailer, or pole trailer. If a motor vehicle, trailer, semitrailer, or pole trailer is permanently withdrawn from a proportionally registered fleet because it has been destroyed, sold, or otherwise completely removed from the service of the registrant, the unused portion of the gross vehicle weight fees paid with respect to that motor vehicle, trailer, semitrailer, or pole trailer must be credited to the proportional registration account of the owner. This unused portion equals the amount paid with respect to the motor vehicle, trailer, semitrailer, or pole trailer when it was first proportionally registered in the registration period, reduced by one-twelfth of the total annual gross vehicle weight fee of the motor vehicle, trailer, semitrailer, or pole trailer for each calendar month and fraction of a month elapsing between the first day of the month of the current period in which the motor vehicle, trailer, semitrailer, or pole trailer was registered and the date the notice of withdrawal is received by the department. This credit must be applied against liability for additional fees due during the registration period or for additional fees due upon audit under 61-3-728. If a credit is less than $5, it may not be made or entered. A credit may not be taken against fees other than those for the registration period and is not subject to refund.

(2) If the owner replaces a motor vehicle, trailer, semitrailer, or pole trailer withdrawn from the fleet at the same time as the withdrawal and the replacement motor vehicle, trailer, semitrailer, or pole trailer is of the same or of a lesser weight category than the one withdrawn, the gross vehicle weight fees are transferable to the replacement motor vehicle, trailer, semitrailer, or pole trailer. If the transfer is to a smaller motor vehicle, trailer, semitrailer, or pole trailer, a credit may not be given or entered.

History: En. Sec. 16, Ch. 206, L. 1963; amd. Sec. 197, Ch. 316, L. 1974; R.C.M. 1947, 53-716; amd. Sec. 3, Ch. 36, L. 1981; amd. Sec. 3, Ch. 414, L. 1983; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 8, Ch. 42, L. 1995; amd. Sec. 145, Ch. 542, L. 2005.