‘No. 3068

Opiaion construing krticle 8271,andArticle 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 anypurpose without firstsecurisg

. Texas license.
2. A Texas dealer cannot drive emew**truck** from the state line to bis place ofbusiness end transport

‘thereon a smaller truck or trailer unless the **transport** ing 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 truck**  tractors and trailers under tbe facts **set** forth. Your request ior ~11 opinion on the registration of **truck** tractors and trailers under thefacts 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 thetrailer into the State carrying a load if the main purpose of such trip in tohave necessary **repairs** made.

‘3. Can a Texas degler drive a new **truck from**  the factory to MS place ofbusiness and tr@sitptirtthere0n.a smaller truck or trailer, &hen both 01tbe motor vehicles. are brought into tbe StateCar 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- 6675aof Vernon’s Revised Civil Statutes of Texas. Sections 6. ba, 7and 8have specific applieatibn to commercial **motor** vehicles, truck-tractois andtrailers or semi-trailers. EXemiMtion ofthese 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 ofthe above quoted statutes.

Subdivision (b) ofArticle- 6686oftheRevised 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 tohis place ofbusiness 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 pointwhere itis unloaded tothe place of buoines6 of tbe dealer or manufacturer, or from the state line to such place ofbusiness. 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 ofbusiness.*

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 ofthis state without having two license plates displayed thereon, one attbe 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 ofArticle **807b** dealers who aie operating vehicles under present provisions of the law. Section 6of 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 827bof 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- .tiviseprovided for in this act shall not apply to my **motor** vebfcle. trailer, or semi-troller operated within **this** et& for the tranrportatioa ofpersons or property, for **compensa-** .tionor hire. Provided, however, tbet motor vehicles properly licensed in another state or country operated for compentatibiaor hire may be allowed tomake notto‘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 thatunder the laws of such other state or country like .exceptipns dre granted tomotor vehicles registered unde&’the lee of and owned by reddents oftbis’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 notbe licensed. Section 2 ofAiticle.827b of the Penal‘Hondrable H&ner Garrison, Jr., M-y 24, 1939,Page 3

Code does protide, es hereinabove stated, thatunder certain conditions, for liniikd period oftime, l motor vehicle registered in another state or country need not be registered in tbir state. Examination ofArticle 827b, however. reveals thatthe evident purpose oftbe 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 eon**  v4aience end reciprocity. The first sentence of Section 2ofA?- title 827b **refers** to a,“non-resident owner of a motor vehicle, trailer or semi-trailer” and there is uo indication thatthe proWiaions of the statute are Mended to ap& toanyone other than a non-resident owner. Reference toArticle 807b ofthe I-enal Code indicates +ill further thatit was not the intention ofthe Legielature to permit a resident owner of a motor vehicle, truck-tractor or treiler to perate the same on the highways ofthis state for any period of time unless the registration laws had first been complied with. It is theopinion of this department that the provisions of Article 827bdo not apply end thatyour first two questions must be’ euswerad in thenegative,

In regard toyour tbfrd question we have quoted Settion (b) of Article 6686OftheRevised Civil Statutes. Throughout Section (b) ofibis Article the leuguage refers to thetransportation or operation of a single motor vehicle end provides regulation in that respect. No reference is made to thetreurportation of two or more vehicles end it is the opiuioa of this department that. it was the intention of the Legislature torequire 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 thepro&ions of Section (b) **of** Article 6686topermit IIperson to operate emotor vehicle virtually as a carrier end escape compliance with the registr,et&n laws simply because thevehicle 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 ofthe Legislature that the provisions of Article 6686should apply only to dealers end manufae~ turers, in order that they would notbe subjected to undue hardship by reason ofthe application ofthe general registration laws. The **PIGi** visions of this lew should be strictly construed since they do grant, in ameasure, 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 tohis~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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