### E ET GENERAL TEXAS Grover Sellers

Honorable Homer Garrison, Jr. Direotor, Department of Publia Safety camp ?AaIny Austin, Texas Attention:W. J. Elliott, Chief State Highway Patrol
Dear Sirr Opinion No. O-6509 Re: V&hatis the n?'oper method of registering a oombinationvehicle.. which aggregates a totalweight of 68,000 pounds?
Prom yourktter as supplementedby a personal interview of recent date,we take the following facts and questions: "Operatorhas a truck-tractor,semi-trailer combinationand has attached a trailer behind the semi-trailer. This makes the combination,used for hauling gasoline, exceed the forty-five (45) feat length limit. Howwer, under the provisions of a statute, it appears that authority to receive a specialpermit for exoessiw size or weightmaybe given for a period of ninety (90)days, or less, by the State Highway Department. "The truck-tractorand semi-trailercombination is registered for 38,000 pounds grossweight,and the trailerwill weight 3@,000 pounds loaded. Thus, the total oominations, if allowed,would operate a gross registrationweight of 68,000 pounds. "The question arises asto what registrationwould be proper to cover the above type of aomeyanae. As we understand the law, each trilar, or init of a oombinationmust be registered separately,and it is also provided that no combination of vehicles shall exceed 38,000 pounds. Does the fact that a specialpermit has been granted for such combinationrequire registration of the combination for the 68,000 pounds?"
We assume thatyou have referenoe to Acts 1929, 41st Legislature,, Seeend Called Session, chapter 88, as amended, appearing as Article 6675a2, Vernon'sAnnotated Civil Statutes,when you say that "as VIB understand the law, each trailer, or w.i+%t of a combinationmust bs registered separate1y.a That statement is true. Seotion 2 ofArticle 6675a,V.A.C.S., relating to registrationof vehioles reads as follows:Honorable Homer Garrison, Jr., pa:;e2 (O-6509)

Qvery owner of a motor vehicle, trailer or semi-trailerused or to be used upon the highways of this State ahall apply each year to the State Highway Deparhaent through the County Tax Collector of the county in which he resides for the registration of each suoh vehicle owned or controlledby him for the ensuing or our-rent calendaryear or unexpired portion thereof,
. . 0"

Sec. 3 ofArticle 827, Vernon'sAnnotated Penal Code, originally passed in 1929 as Senate Bill MO. 11, chapter 42, page 72, Acts of the Forty-first Legislature,Second Called Session, and amended in 1931, by H.B. No. 336, chapter 282, page 507,Acts of the Forty-secondLegislature, Regular Session, reads as fOllow8~ "Ehcoept

as otnerwiseprovided by law, no commercialmotor vehicle, truck-tractor, trailer or semi-trailer,nor a over, on, or upon the pub= l;;hways outside-&e 77 combinationof suchvehicles, shall be operated B-n incorporated city or town,the total grossweight of which exceeds that given by the follo::ingformulat
"Y:

equals C times (L plus 40) where !'X equals total gross x::eight, !'C equals 700; including load and vehicle in pounds;
"L equals the distance between the first and last axles of e vehicle

or combination of vehicles, in feet. "Under the foregoing formula, the grossweight is ascertainedby adding forty (40) to the distance in feet between the first and last axles of a vehicle or oombination of vehicles and multiplying the sum by sevens exceed thirty-eight thousand (38,000)pcunds~ tie grossweight shall never -- -- "Provided,however, the grossweight Permit.ted Thythe foregoing formula shall be subject to the following restrictionsand limitationer

"No suchvehiole or combination of vehi.clesshall have a greaterweight than six hundred (600)pounds per inchwidth of tire upon any wheel concentratedupon tie surface of the highway and using high pressure tires, and a greaterweight than six hundred and fifty (650)pounds per inch width of tire upon any wheel concentratedupon the surface of tie highway and using Low-pressure tires, and no wheel &all carry a load in exoess of eight thousand (8000) nounds on high-pressure tires,and nine thousand (900G\pounds on low-pressure tires,non any axle a load in excess of sixteen thousand (16,OOC)pounds on hig-pressure tires, and eighteen thousand (18,000)Patmds on low-pressure tires. An axle load shall be defined as the load on all wheels whose centersmsy be included~ between two parallel transveroe vehicle plans forty (40) inches apart." (Underscoring ours)”

. .

Hon. Homer Garrison, Jr., page 3 (o-6509)

Section 3a ofArticle 527, VernonlsAnnotated Penal Code, reltating to lengths of vehicles, providesas followsr
"Nomotor vehicle, commercialmotor vehicle, truck, traotcr, trailer, or sem& trailer shall exoeed a length of thirty-five (35) feet, and no combination of such vehicles oou led to ether shall exceed e. total len th o~f'or feet, unless sue ve 1-28 or ocm6ination~e~s 1:

-hi-+ min the limits of an incorporated city or town.*--+ipGW

Thus it is seen, the combination of vehicles exceeds the weight end length limitations ofArticle 827, Sections 5 and 30 andmay only operate legally, if entitledto, and has beenganted a special permit from the Highway DeparG ment. To receive this permit the applicantmust satisfy the reouirements of Section 2,Artiole 827~ Vernon's Annotated Penal Code, as folltisr
"It shallbe unlawful and constitutea misdemeanor for any person to drive, operate, or move, or for the owner to cause or permit to be driven, operated, or moved on any highway, any vehicle or vehioles of a siee or weight exceeding the limitations stated in this Act or any vehicle or vehicles which are not constitutedor equipped as required in thisAct; or to transport thereon any load or loads exoeeding the dimensions or weight prescrived in this Acts provided the department,acting directly or through its agent or agents designated in each county shall have and is hereby granted auth&%ty to grant permits to periods of ninety (90) days or less for thetransportation over State highways of such overweight or oversize or over length commoditiesas cannot be reasonably dismantled or for the operation ever State highways of superzavy or over length ccasnodities as cannot be reasonablydismantled
. . ." (Underscoringcurs)

It is apparent that the gasoline transported is a commndiw capable of being reasonably "dismantled"and the operator of sn overweight, overlength combinationof vehicles used-for hauling gasolinedoes not qualify under the speoial permit statute. Therefore, sinceno spooialpermit canvalidly issue on this combinationof vehicles the operator is beund by Section 7a of Article 827a,Vernon's Annotated Penal Code, relating to trailers, as follows:
"Nomotor vehicle shall be driven upon any highwag outside of the limits of sn incorporated city or town drawing or hauling attaehedthertc more than one trailer.” Thus, in oonclusion,cur answer to your inquiry is that everymotor vehicle, including Wok-tractcrs,and everytrailer, semi-trailer,used upon the public highways of this State, should be registered separatelyunder the terms ofArticle 6675a,Vernon's Annotated Civil Statutes, supra. As a consequence, the 66,000pound ocmbinati~on vehicles in question, if legal, should be registeredseparately. However, such ocmbiBation cannot logally operate as one unit on

the State Hi!;iways under existing statxtes of this State.
You-s very tm1y ATTOXNi3Y

G:X>U,L,

OF TEXAS By /s/Benjamin Woodall

Benjamin Wcod~ll Assistant

i" /s/ Eo) ,‘o

Maddox