61-10-130. Custom combiner's special permit -- fee -- collection -- distribution -- not transferable. (1) In lieu of the taxes required by 15-24-301 and in lieu of motor vehicle license fees, gross vehicle weight fees, and overwidth, overlength, and overheight permits provided for in Title 61, a nonresident engaged in the business of custom combining who brings equipment into the state may pay a special permit fee of $40 for each unit. A unit includes:
     (a) one truck suitable for hauling grain;
     (b) one header trailer or one combine trailer; and
     (c) pickup trucks and all other equipment, except combines, used by a nonresident and brought into the state as part of the nonresident's business of custom combining.
     (2) In lieu of gross vehicle weight fees and overwidth, overlength, and overheight permits, Montana residents engaged in the business of custom combining may pay the annual farm gross vehicle weight fees and a special permit fee of $20 for each unit. A unit includes:
     (a) one truck suitable for hauling grain;
     (b) one header trailer or one combine trailer; and
     (c) pickup trucks used by the resident in the resident's business of custom combining.
     (3) When used to transport agricultural products, a truck authorized to be used under a custom combiner's special permit may be operated only within a 100-mile radius from the harvested field to the point of first unloading. The truck may not haul agricultural products from one commercial elevator to another commercial elevator. The truck may be operated on any highway, except a highway that is part of the federal-aid interstate system, without incurring excess weight penalties under 61-10-145 if the total gross weight of the truck does not exceed allowable weight limitations by more than 20% for each axle and the maximum load for each inch of tire width does not exceed 670 pounds. A trip permit is not required. If the truck exceeds the tolerance provided under this subsection, the fine or penalty imposed applies to all weight over the legal limit allowed by 61-10-107.
     (4) A combine trailer authorized to be used under subsection (1)(b) or (2)(b) may be operated under the same limitations, except that the 100-mile limitation does not apply and the combine trailer may be used upon any highway of the state, including a highway that is part of the federal-aid interstate system. If the combine trailer exceeds the tolerance provided under subsection (3), the fine or penalty imposed applies to all weight over the legal limit allowed by 61-10-107.
     (5) The fee required by this section must be collected by the department of transportation. Upon payment of the fee, the department of transportation shall provide an identifying device to be displayed on each truck, header trailer, or combine trailer and other equipment used by the nonresident or resident in the person's business of custom combining in the state. The device is valid for the calendar year in which the fee is collected.
     (6) All fees collected under this section must be distributed not later than January 31 immediately following the period of licensure as follows:
     (a) 62 1/2% to the state general fund; and
     (b) 37 1/2% to the state special revenue fund for the department of transportation.
     (7) The identifying devices and fee paid for each unit are not transferable from one vehicle to another or transferable on the sale or change of ownership.
     (8) The department of transportation may adopt rules, as provided in Title 2, chapter 4, to implement the provisions of this section.

     History: En. 84-6015 by Sec. 1, Ch. 371, L. 1974; amd. Sec. 1, Ch. 50, L. 1975; R.C.M. 1947, 84-6015; amd. Sec. 1, Ch. 206, L. 1979; amd. Sec. 19, Ch. 581, L. 1979; amd. Sec. 2, Ch. 48, L. 1983; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 8, Ch. 20, L. 1985; amd. Sec. 1, Ch. 183, L. 1989; Sec. 15-24-1001, MCA 1987; redes. 61-10-130 by Sec. 3, Ch. 183, L. 1989; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 1, Ch. 369, L. 2001; amd. Sec. 179, Ch. 574, L. 2001.