61-3-712. Definitions. As used in 61-3-711 through 61-3-733 the following definitions apply:
     (1) "Apportionable vehicle" means a vehicle which is used or intended for use in more than one jurisdiction and 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 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 his 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 shall be confined to the definition given, and shall 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 shall 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 make it conform to the terms, conditions, and requirements of any applicable agreement or arrangements for the proportional registration of vehicles.
     (6) (a) "Properly registered", as applied to place of registration, means:
     (i) the jurisdiction where the person registering the vehicle has his legal residence;
     (ii) in the case of an apportionable vehicle, the jurisdiction in which it is registered if the enterprise in which the vehicle is used has a place of business therein and if the vehicle is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled in or from the place of business and the vehicle has been assigned to the place of business; or
     (iii) in the case of an apportionable vehicle, the jurisdiction where because of an agreement or arrangement between two or more jurisdictions or pursuant to a declaration the vehicle has been registered as required by that jurisdiction.
     (b) In case of doubt or dispute as to the proper place of registration of a vehicle, 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.