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Home  News Latest Pondera County junk vehicle program explained
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Pondera County junk vehicle program explained |
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Wednesday, 27 August 2008 |
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Page 2 of 2
The law states that possession of four or more junk vehicles at a single location is “prima facie evidence” of operation of a motor vehicle wrecking facility. “Prima facie” simply means that the evidence is considered to be fact until proven otherwise. If the possessor of the junk vehicles is dealing in four or more “junkers” per year, he needs a license. If he is dealing in component parts from junk vehicles, he needs a license. This also applies if the individual is buying, selling or dealing in “vintage” vehicles that meet the junk vehicle definition.
If, however, he simply possesses the junk vehicles but does not deal in them or in component parts from them, he would not need to acquire the Motor Vehicle Wrecking Facility license if he will provide a sworn, notarized affidavit to the department stating this. He would then be considered to have a storage lot only and would not be considered to be operating a wrecking facility.
In any of the situations discussed previously, the need (or lack thereof) for the license does not remove the individual from the shielding requirements of the law. And, not only do junk vehicles need to be shielded, so do vehicle component parts. All junk vehicles regardless of number must be shielded from public view.
Public view is defined as “any point 6 feet above the surface of the center of a public road from which a junk vehicle can be seen”. A public road is any publicly owned or maintained highway, street, road or alley or privately owned road open for public access. This applies to the commercial motor vehicle wrecking business and to an individual. There is one exception to this: SMALL accumulations of salvageable vehicles or component parts, none of which are offered for sale, retained by active farming or ranching operations for repair and maintenance of vehicles, or agricultural equipment used in their operations are exempted from this requirement.
Shielding can be accomplished by moving the vehicle to a location that will shield it, such as into a garage or behind a solid fence, hill or building. You may also construct shielding using permanent fencing materials. Certain construction specifications are required for proper shielding. If you intend to shield your vehicles, please check with me prior to construction. Placing tarps or plastics over the vehicles is not acceptable shielding.
Another situation that we have to take into account is whether the wrecked or disabled motor vehicles are temporarily stored at a garage or body repair shop. If the unit is there for repair and not for use as parts for the repair of a similar vehicle, a motor vehicle wrecking facility license is not required. In this situation, however, the vehicle can be temporarily stored there only for a reasonable period of time for inspection, repairs, or subsequent removal to a “junkyard” (a licensed wrecking facility or to the county motor vehicle graveyard). The Motor Vehicle Recycling & Disposal Program has determined, as a “rule of thumb” that a reasonable period of time is up to 90 days. Any of the vehicles that are waiting for repair, and meet the definition of a junk vehicle, need to have documentation such as a valid work order.
If the vehicle has value from its parts, contact a licensed private motor vehicle wrecking facility. We have four of these businesses right here in Pondera County. Most commercial wrecking facilities will buy vehicles that have marketable parts. If the vehicle’s value is low, they may haul it away free in exchange for its parts. Some vehicles have little or no parts value and the private wrecking facility may not be interested in hauling it. If this is the case, contact me or the County Road Department.
Here in Pondera County the road crew does our hauling. They will arrange to haul and dispose of your junk vehicle at no charge to you but they must have a signed release form before they can haul the vehicle. At this time the road department is reimbursed for each vehicle they haul from program funding.
Montana has specific laws regarding the disposition of abandoned vehicles. If you have a vehicle that has been abandoned on your property contact your local law enforcement agency and request their help in contacting the owner or in obtaining authorization to have the vehicle removed.
As a last resort, if the responsible party will not take care of a junk vehicle violation, I request enforcement help from the Enforcement Division of DEQ. The junk vehicle statutes provide for criminal penalties of up to $250 and/or 30 days in jail. Civil penalties of up to $50 for each day of violation may also be imposed.
Do not hesitate to contact me, Corrine Rose, with any junk vehicle questions or concerns. I am usually in Pondera County on Wednesdays and Thursdays (271-4036) or you are welcome to call me in Teton County on Mondays or Tuesdays (466-2150). Darrell Stankey, State JV Program Director is also available to answer questions (444-3048). The Motor Vehicle Recycling & Disposal Act 75-10-501, MCA and ARM, 17.50.sub-chapter 2, Motor Vehicle Recycling and Disposal, address junk vehicles.
These laws and rules are available via the internet at www.deq.state.mt.us/JunkVehicles/index.asp.
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