23-2-502. Definitions.

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23-2-502 . Definitions. As used in this part, unless the context clearly requires a different meaning, the following definitions apply:

(1)"Certificate of number" means the certificate issued by the department of justice, an authorized agent, as defined in 61-1-101 , or a county treasurer to the owner of a motorboat or sailboat, assigning the motorboat or sailboat an identifying number and containing other information as required by the department of justice.

(2)"Department" means the department of fish, wildlife, and parks of the state of Montana.

(3)"Documented vessel" means a vessel that has and is required to have a valid marine document as a vessel of the United States.

(4)"Identifying number" means the boat number set forth in the certificate of number and properly displayed on the motorboat or sailboat.

(5)"Lienholder" means a person holding a security interest.

(6)"Manufacturer" means a person engaged in the business of manufacturing or importing new and unused vessels or new and unused outboard motors for the purpose of sale or trade.

(7)"Motorboat" has the same meaning as provided in 61-1-101 .

(8)"Operate" means to navigate or otherwise use a motorboat or a vessel.

(9)"Operator" means the person who navigates, drives, or is otherwise in immediate control of a motorboat or vessel.

(a)"Owner" means a person, other than a lienholder, having the property in or title to a motorboat or vessel. The term includes a person entitled to the use or possession of a motorboat or vessel subject to an interest in another person, reserved or created by an agreement securing payment or performance of an obligation.

(b)The term does not include a lessee under a lease not intended as security.

(11)"Passenger" means each person carried on board a vessel other than:

(a)the owner or the owner's representative;

(b)the operator;

(c)bona fide members of the crew engaged in the business of the vessel who have not contributed any consideration for their carriage and who are paid for their services; or

(d)a guest on board a vessel that is being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for the guest's carriage.

(12)"Person" means an individual, partnership, firm, corporation, association, or other entity.

(13)"Personal watercraft" has the same meaning as provided in 61-1-101 .

(14)"Registration decal" means an adhesive sticker produced by the department of justice and issued by the department of justice, an authorized agent as defined in 61-1-101 , or a county treasurer to the owner of a motorboat, sailboat, or personal watercraft as proof of payment of fees imposed on the motorboat, sailboat, or personal watercraft for the registration period indicated on the decal as recorded by the department of justice under 61-3-101 .

(15)"Sailboat" has the same meaning as provided in 61-1-101 .

(16)"Security interest" means an interest that is reserved or created by an agreement that secures payment or performance of an obligation and is valid against third parties generally.

(17)"Vessel" has the same meaning as provided in 61-1-101 .

(18)"Waters of this state" means any waters within the territorial limits of this state.