‘No. 3068 

Opiaion construing krticle 8271, and Article 6686 

of Vernon’s Annotated Civil Shtuks. 

1. Texas resident who owns truck-tractor or 

trailer which is used only outside the State of Texas 

cannot operate each truck-tractor or trailer in tbe 

state of Texas for any purpose without firstsecurisg 

. Texas license. 

2. A Texas dealer cannot drive e mew truck from 

the state line to bis place of business end transport 

‘thereon a smaller truck or trailer unless the transporting vehicle is licensed under the registration laws of Texas. 

OFFICEOFTHEATTORNEYGENERAL 

May 24,1939 

Honorable Homer Garrison, Tr. 

bepartment of Public Safety 

Austin, Texas 

Dear Sir: 

Opinion No. ‘O-754 

Re: Registration of trucktractors and trailers 

under tbe facts set 

forth. 

Your request ior ~11 opinion on the registration of truck 

tractors and trailers under the facts set forth in your letter of 

May 3,1939, ha6 been received by this depsrtment. 

:~ 

Your letter seis oni and request? spec3fic amwers, tp 

the following three ques~ons: 

‘: : ~: 

-1. Can a Texas resident, the owner of a truck-tractor 

end/or trailer used &ly outside the State of Texas; bring .. 

the same into the St+ an+ county of his residence for the 

sole and only purpose of having the same repaired without 

first securing a Tads license for the motor vehicle and& 

trailer, neither of tbeir&ieles carrying a load. 

l 2. Can he b&g tbb motor vehicle and the trailer 

into the State carrying a load if the main purpose of such trip 

in to have necessary repairs made. 

‘3. Can a Texas degler drive a new truck from the 

factory to MS place of business and tr@sitptirt there0n.a 

smaller truck or trailer, &hen both 01 tbe motor vehicles. 

are brought into tbe State Car the purpose of sale and tbe 

larger truck has attached to it dealer’s license plahs in 

accordance with Article 696 R.C.S.. 
Hqno+able Homer Garrison, Jr., May 24,1939, Page 2 

*. 

~Registratiod of commercial motor vehicles is covered 

by Article- 6675a of Vernon’s Revised Civil Statutes of Texas. 

Sections 6. ba, 7 and 8 have specific applieatibn to commercial 

motor vehicles, truck-tractois and trailers or semi-trailers. 

EXemiMtion of these statutes reveals no exception’onder which the 

owner Or operator of a truck line is permitted to operate a truck, 

truck-tractor or trailer without first licensing the came under the 

provisions of the above quoted statutes. 

Subdivision (b) of Article- 6686 of the Revised Civil Statoteo 

of Texas permits my dealer holding a dealer’s license to issue ternporary cardboard numbers. Any dealer or manufacturer may use 

such cPrdboard license plates for the purpose of operating or conveying * motor vehicle, treiler or semi-trailer from his place of 

~businecs in one part of tbe state to his place of business in another 

part of the it&e. These temporary licenses may also be used for .:. 

*e purpose of operating or conveying * motor vehicle, trailer or 

semi-trailer from tbe point where it is unloaded to the place of buoines6 of tbe dealer or manufacturer, or from the state line to such 

place of business. The exact wording of the statute ~4th respect to 

we last mentioned provision states that the dealer %ay also ilse 

such cardboard number in transporting a motor vehicle. trailer or 

semi-treiler from the e@te line to his place of business.* 

Article 807b of Vernon’s Penel Code of Texas provides 

tbat’+xy person who operates a passenger car. a commercial motor ,, 

vehicle or’ a truck-tractor upon the public highways of this state 

without having two license plates displayed thereon, one at tbe frost 

and one at tbe rear, which have been duly and lawfully assigned to 

seid vehicle for the current registretion year, shall be guilty of a 

misdemeanor and exe+ from the operation of Article 807b dealers 

who aie operating vehicles under present provisions of the law. 

Section 6 of this Article provides that any person who operaes a 

road-tractor; motorcycle. trailer, or semi-treiler, es aforesaid, 

without displayfag a license plak on the reez thereof *ball be guilty 

of s misdemeanor. 

‘.: . 

: Section 2 of Article 827b of Vernon’s Penal Cod; makes 

provision for registration of * motor vehicle, trailer, or semi-trailer 

owned by e non:resident of this state end then continues with the 

following langoage: 

. a . 6 ..‘except that the privileges kented es ~otber- 

.tivise provided for in this act shall not apply to my motor 

vebfcle. trailer, or semi-troller operated within this et& 

for the tranrportatioa of persons or property, for compensa- 

.tion or hire. Provided, however, tbet motor vehicles properly 

licensed in another state or country operated for compentatibia or hire may be allowed to make not to ‘exceed two (2) 

trips during coy calendar mbntb and r+mefn on each of raid 

trips withia the state notte exceed foti (4) days, without befng registered in &is state in the event that under the laws 

of such other state or country like .exceptipns dre granted 

to motor vehicles registered unde&’ the lee of and owned by 

reddents of tbis’tite....” 

your first two questions ere governed by Article 667% of 

Vernon’s Revised Civil Statutes and by Articles 807b and 827b of Vernon’s 

Penal Code. As we have stated above, the ,CivWStatUtes pro?de no 

exception under which trucks. truck-tractor& trailers, or remitrailers need not be licensed. Section 2 of Aiticle.827b of the Penal 
‘Hondrable H&ner Garrison, Jr., M-y 24, 1939, Page 3 

Code does protide, es hereinabove stated, that under certain conditions, for liniikd period of time, l motor vehicle registered in 

another state or country need not be registered in tbir state. Examination of Article 827b, however. reveals that the evident purpose of tbe Legislature was to permit a non-resident to drive his 

vehic!e into the State of Texas for e limited period of time without complying with the Texas regiotration laws as a matter of eonv4aience end reciprocity. The first sentence of Section 2 of A?- 

title 827b refers to a, “non-resident owner of a motor vehicle, 

trailer or semi-trailer” and there is uo indication that the proWiaions of the statute are Mended to ap& to anyone other than a 

non-resident owner. Reference to Article 807b of the I-enal Code 

indicates +ill further that it was not the intention of the Legielature to permit a resident owner of a motor vehicle, truck-tractor 

or treiler to perate the same on the highways of this state for any 

period of time unless the registration laws had first been complied 

with. It is the opinion of this department that the provisions of 

Article 827b do not apply end that your first two questions must be’ 

euswerad in the negative, 

In regard to your tbfrd question we have quoted Settion (b) of Article 6686 Of the Revised Civil Statutes. Throughout Section (b) of ibis Article the leuguage refers to the transportation or operation of a single motor vehicle end provides regulation in that respect. No reference is made to the treurportation 

of two or more vehicles end it is the opiuioa of this department that. 

it was the intention of the Legislature to require that each vehicle 

which was operated or transported from the state line oz from 

where it is unloaded to a place oi business should have a number 

attached es provided by Article 6686. Furthermore, it does not 

appear that the Legislature intended by the pro&ions of Section 

(b) of Article 6686 to permit II person to operate e motor vehicle 

virtually as a carrier end escape compliance with the registr,et&n 

laws simply because the vehicle used es a carrier is new and 

can be brought into the State of Texas for +e purpose of sale UFO&,, 

arrival. Obv%ously, It was the intention of the Legislature that the 

provisions of Article 6686 should apply only to dealers end manufae~ 

turers, in order that they would not be subjected to undue hardship 

by reason of the application of the general registration laws. The PIGi 

visions of this lew should be strictly construed since they do grant, 

in a measure, special privileges, and should not be extended to 

include the operation, without a license, of a truck or similar 

vehicle carrying a load. Ii P commercial motor vehicle is in 

fact used as a pub&z sarrier then it rnus$ be registered in compliance with the laws of this stete. If, 5s a matter of fact, both 

vehicles have been purchased by the deeler, they may be trensported 

or operated by him from the stete line to his~plrrce of business . 

upon compliance with the provi+onc of Article 6686, but neither 

vehicle ten be utilized es a carrier for the other. The enewer ti, 

. 

y&r third inquiry is, therefore, in the negative. 

ATTORNEY’GE?iEtiL OF TEXAS 

RC:PL:b 

By /6/ Ross Carlt+n 

Roes Carlton 

Assistant 

This opinion has been considered in confaicnce, approved, 

and ordered recorded. 

/o/.W.F. Moore 

. 

W.F. Moore 

FIRST ASSlSTANT ATTORNEY 

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