Mont. Code Ann. » TITLE 61. MOTOR VEHICLES · CHAPTER 4. SALES AND DISTRIBUTION OF MOTOR VEHICLES · Part 2. Licensing of New Motor Vehicle Manufacturers, Distributors, and Importers -- Disputes -- Standing
Montana Code Annotated

Mont. Code Ann. § 61-4-201 (2026)

Definitions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 61
  3. CHAPTER 4
  4. Part 2
  5. 61-4-201 Definitions

TITLE 61. MOTOR VEHICLES

CHAPTER 4. SALES AND DISTRIBUTION OF MOTOR VEHICLES

Part 2. Licensing of New Motor Vehicle Manufacturers, Distributors, and Importers -- Disputes -- Standing

Definitions

61-4-201. Definitions. As used in this part, the following definitions apply unless the context clearly indicates otherwise:

(1) "Community" means the relevant market area of a franchise. For the purposes of this part, the relevant market area of a franchise is the county or counties in which the franchisee is located.

(2) "Distribute" means to sell new motor vehicles other than at retail or to enter into a franchise agreement authorizing a dealer to buy new motor vehicles for resale or to service motor vehicles under a manufacturer's or distributor's warranty.

(3) "Distributor" or "wholesaler" means a person who sells or distributes a line-make of new motor vehicles to new motor vehicle dealers in this state or who maintains distributor representatives in this state.

(4) "Distributor branch" means a branch office maintained or availed of by a distributor or wholesaler for the sale of a line-make of new motor vehicles to new motor vehicle dealers in this state for directing or supervising its representatives in this state.

(5) "Factory branch" means a branch office maintained or availed of by a manufacturer for the sale of a line-make of new motor vehicles to distributors or for the sale of new motor vehicles to new motor vehicle dealers in this state or for directing or supervising its representatives in this state.

(6) "Franchise" means a contract and any agreed-to amendments between or among two or more persons when all of the following conditions are included:

(a) a commercial relationship of definite duration or continuing indefinite duration is involved;

(b) the franchisee is granted the right to:

(i) offer, sell, and service in this state new motor vehicles manufactured or distributed by the franchisor; or

(ii) service motor vehicles pursuant to the terms of a franchise and a manufacturer's warranty;

(c) the franchisee, as an independent and separate business, constitutes a component of the franchisor's distribution system; and

(d) the operation of the franchisee's business is substantially reliant on the franchisor for the continued supply of new motor vehicles, parts, and accessories.

(7) "Franchisee" means a person who receives new motor vehicles from the franchisor under a franchise and who offers, sells, and services the new motor vehicles to and for the general public.

(8) "Franchisor" means a person who manufactures, imports, or distributes new motor vehicles and who may enter into a franchise.

(9) "Importer" means a person who transports or arranges for the transportation of a foreign manufactured new motor vehicle into the United States for sale in this state.

(10) "Line-make" means vehicles that are offered for sale, lease, or distribution under a common name, trademark, or service mark.

(11) "Manufacturer" means a person who manufactures or assembles a line-make of new motor vehicles and distributes them directly or indirectly through one or more distributors to one or more new motor vehicle dealers in this state or who manufactures or installs on previously assembled truck chassis special bodies or equipment that, when installed, forms an integral part of the new motor vehicle and that constitutes a major manufacturing alteration, but does not include a person who installs a camper on a pickup truck. The term includes a central or principal sales corporation or other entity through which, by contractual agreement or otherwise, a manufacturer distributes its products.

(12) "Motor vehicle" includes a recreational vehicle as defined in 61-1-101, a motorboat and a personal watercraft, a snowmobile as defined in 23-2-601, and an off-highway vehicle as defined in 23-2-801.

(13) "New motor vehicle" means a motor vehicle that has not been the subject of a retail sale regardless of the mileage of the vehicle.

(14) "New motor vehicle dealer" means a person who buys, sells, exchanges, or offers or attempts to negotiate a sale or exchange or any interest in or who is engaged in the business of selling new motor vehicles under a franchise with the manufacturer of the new motor vehicles or used motor vehicles taken in trade on new motor vehicles.

(15) (a) "Retail sale" means the sale of a new motor vehicle.

(b) "Retail sale" does not mean a sale:

(i) of a new motor vehicle to a purchaser who is acquiring the vehicle for the purposes of a resale; or

(ii) that is the result of a transfer between two licensed new motor vehicle dealers.

(16) "Transferee" means a person or entity that:

(a) is in possession or control of a new motor vehicle dealer;

(b) holds an ownership or signed contract interest in a new motor vehicle dealer;

(c) is acting in a fiduciary capacity for a new motor vehicle dealer; or

(d) is an heir, devisee, personal representative, beneficiary, successor, or assign of a new motor vehicle dealer.

History: En. 51-601 by Sec. 1, Ch. 380, L. 1977; R.C.M. 1947, 51-601(1) thru (9), (11), (12); amd. Sec. 2, Ch. 274, L. 1981; amd. Sec. 1, Ch. 431, L. 1981; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 8, Ch. 221, L. 1997; amd. Sec. 1, Ch. 313, L. 1999; amd. Sec. 4, Ch. 384, L. 1999; amd. Sec. 1, Ch. 308, L. 2009; amd. Sec. 15, Ch. 389, L. 2021; amd. Sec. 5, Ch. 362, L. 2023; amd. Sec. 26, Ch. 47, L. 2025; amd. Sec. 2, Ch. 205, L. 2025.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1987–2023 · leading case: Hi-tech Motors, Inc. v. Bombardier Motor Corp. of Am., 2005 MT 187 (Mont. 2005).
Sort: Relevance Newest Treatment
Hi-tech Motors, Inc. v. Bombardier Motor Corp. of Am., 2005 MT 187 (Mont. 2005). · cites it 46× “See, generally, § 61-4-201, MCA. Furthermore, obtaining a license under the provisions of Title 61, chapter 4, parts 1 or 2, "conclusively establishes that a new motor vehicle dealer, manufacturer, distributor, or importer is subject to the laws of this state regulating new…”
Statewide Rent-A-Car, Inc. v. Subaru of Am., 704 F. Supp. 183 (D. Mont. 1988). · cites it 4× “(“Northwest Subaru”) seeking compensatory and punitive damages for the defendants’ alleged tortious interference with a contract and breach of the Montana Automobile Dealership Law, §§ 61-4-201 to 61-4-210, Mont. Code Ann. (1987).”
Rimrock Chrysler, Inc. v. Mont. Dep't of Just., Motor Veh. Div., 2018 MT 24 (Mont. 2018). · cites it 2× “23, 1979) ("The act is obviously intended for the protection of Montana motor vehicle retail dealers who have franchise agreements with motor vehicle manufacturers or distributors.”
In Re Great Nw. Rec. Ctr., Inc., 74 B.R. 846 (Bankr. D. Mont. 1987). “As a practical matter, after con *857 firmation of the Plan, the automatic stay is no longer in effect, and Yamaha, if it feels aggrieved by an alleged breach of the agreement, may commence proceedings under § 61-4-201 et seq., M.C.A., to terminate the dealer relationship with…”
S & P Brake Supply, Inc. v. Daimler Trucks N. Am., LLC, 2018 MT 25 (Mont. 2018). · cites it 3× “, ¶ 26 (citations omitted). DISCUSSION ¶9 Did the District Court err by affirming the final agency determination of good cause to terminate the franchise agreement? ¶10 The Montana Dealer Act regulates the relationship between new motor vehicle dealers and franchisors in the…”
Eddie's Truck Ctr., Inc v. Daimler Vans USA LLC (D.S.D. 2023). “While Floyd’s Belgrade may be a “new motor vehicle dealer” with regard to other manufacturers, it is only authorized to service Freightliner vehicles with DVUSA, not buy or sell them.”
— Mont. Code Ann. § 61-4-201(1) — 1 case
S & P Brake Supply, Inc. v. Daimler Trucks N. Am., LLC, 2018 MT 25 (Mont. 2018). “, ¶ 26 (citations omitted). DISCUSSION ¶9 Did the District Court err by affirming the final agency determination of good cause to terminate the franchise agreement? ¶10 The Montana Dealer Act regulates the relationship between new motor vehicle dealers and franchisors in the…”
— Mont. Code Ann. § 61-4-201(11) — 1 case
Statewide Rent-A-Car, Inc. v. Subaru of Am., 704 F. Supp. 183 (D. Mont. 1988). “(“Northwest Subaru”) seeking compensatory and punitive damages for the defendants’ alleged tortious interference with a contract and breach of the Montana Automobile Dealership Law, §§ 61-4-201 to 61-4-210, Mont. Code Ann. (1987).”
— Mont. Code Ann. § 61-4-201(12) — 1 case
Hi-tech Motors, Inc. v. Bombardier Motor Corp. of Am., 2005 MT 187 (Mont. 2005). “See, generally, § 61-4-201, MCA. Furthermore, obtaining a license under the provisions of Title 61, chapter 4, parts 1 or 2, "conclusively establishes that a new motor vehicle dealer, manufacturer, distributor, or importer is subject to the laws of this state regulating new…”
— Mont. Code Ann. § 61-4-201(5) — 1 case
Hi-tech Motors, Inc. v. Bombardier Motor Corp. of Am., 2005 MT 187 (Mont. 2005). “See, generally, § 61-4-201, MCA. Furthermore, obtaining a license under the provisions of Title 61, chapter 4, parts 1 or 2, "conclusively establishes that a new motor vehicle dealer, manufacturer, distributor, or importer is subject to the laws of this state regulating new…”
— Mont. Code Ann. § 61-4-201(5)(a) — 1 case
Hi-tech Motors, Inc. v. Bombardier Motor Corp. of Am., 2005 MT 187 (Mont. 2005). “See, generally, § 61-4-201, MCA. Furthermore, obtaining a license under the provisions of Title 61, chapter 4, parts 1 or 2, "conclusively establishes that a new motor vehicle dealer, manufacturer, distributor, or importer is subject to the laws of this state regulating new…”
— Mont. Code Ann. § 61-4-201(5)(d) — 1 case
Hi-tech Motors, Inc. v. Bombardier Motor Corp. of Am., 2005 MT 187 (Mont. 2005). “See, generally, § 61-4-201, MCA. Furthermore, obtaining a license under the provisions of Title 61, chapter 4, parts 1 or 2, "conclusively establishes that a new motor vehicle dealer, manufacturer, distributor, or importer is subject to the laws of this state regulating new…”
— Mont. Code Ann. § 61-4-201(6) — 1 case
Hi-tech Motors, Inc. v. Bombardier Motor Corp. of Am., 2005 MT 187 (Mont. 2005). “See, generally, § 61-4-201, MCA. Furthermore, obtaining a license under the provisions of Title 61, chapter 4, parts 1 or 2, "conclusively establishes that a new motor vehicle dealer, manufacturer, distributor, or importer is subject to the laws of this state regulating new…”
— Mont. Code Ann. § 61-4-201(7) — 1 case
Hi-tech Motors, Inc. v. Bombardier Motor Corp. of Am., 2005 MT 187 (Mont. 2005). “See, generally, § 61-4-201, MCA. Furthermore, obtaining a license under the provisions of Title 61, chapter 4, parts 1 or 2, "conclusively establishes that a new motor vehicle dealer, manufacturer, distributor, or importer is subject to the laws of this state regulating new…”
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