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Col. Homer Garrison, Jr. Director Texas Department of Public Safety Box 4087, North Austin Station Austin, Texas Opinion No. C-191
Re: Whether a motor vehicle traneportlng011 field equipment from one lease to another leaa?,wherein a public highway is crossed at right angle8 Is operating over a public highway and related question.
Dear Cal. Garrison:
In your recent Setteryou,requeatedan opinion of this office on the following questions:

"(1) I8 a motor vehicle transporting011 field equipment from one lease to another lease wherein a public highway is croesed at right angles considered to be operating over 8 public highway? "(2) In view of the descriptivephrase 'Irrespectiveof whether in the course of such transportationa highwaybetween two (2)or more incorporated cities, towns or villages 18 traversed' doe8 House Blll #31 seek to regulate as a motor carrier or a specializedmotor carrier a motor vehicle which croa8es a highway at right angles to and from private property while transportingproperty for hire?"
Houee Bill No. 31, Act8 7 th Leg., 1963, ch. 359, P. 929 (codifieda8 glib Sec. lc provides In part a8 follows:

'Sec. lc. The term6 'MotorCarrier' and ~SpeclallzedMotor Carrier,'as u,8edin Sec. 1 of thla Act, shall apply to and Include all for hire tranaportatlonof 011 field equipment,a8 defined In eubdlvlelon (I) of Section 1 of this Act, over thepublic highway8 of this State out8ide the corporate limit8 of Cltle8 or towns, irrespective of whether in the course of such transportationa highwaybetween two (2) or moreCol. Homer Garrison, Jr., Page 2, .(C-191)

Incorporated cities, towns or villages is traversed."
We can flnSf.

no Texas cases defining the term "over the public hlfhways the word over." nor can we find any case8 In Texas defining However, in Illlnola CentralRailway Company v. City of ChiCaRO, 141 Ill. 'jBm82), 30 N E
. . 1044 e at page 1046: , th Court said
I,

. . .The two words toverl and 1acros81may be used Interchangeably,and as having the samemeaning. ,Websterthus define8 the word 'across:' 'From side to side; athwart; crosswise;quite over.' He defines the word 'over'as follow8: 'Above,or higher than, In place or position, with the Idea of covering;across; from side to 8lde of; upon the surface of.'. , .' Also in White v. Bevler Coal Co., 364MO. 313'(1953), 261 S.W.2d 81, 84, the Court used the following language:

II 2d Ed5.i.;.Webster'sNew InternationalDictionary,

tells us that the word lover'Indicate8 lpaasageeither above the substanceor thing, or on the surface of it, and beyond; speclf.: across; from one side to the other of; to or at a place beyond;* * *,I and the word lacro88'mean8 'From one side to the oppoelte side of.'.
. ." Article glib, Sec. l(d),Vernon's Civil Statutes,provides a8 fOllOW8:

"The term 'publichighway'means every street, road or highway in this State." Putting the definition of "over"with the term "public highway" a8 defined by the Act, we must conclude that a motor vehicle transporting 011 field equipment from one lease to another lease,where a public highway is crossed at rightangles, would be consideredas operating over a public highway.
We point out that had the Legislature desired to exempt such travel it could have so provided, a8 it did In Article 6675a-2,Vernon's Civil Statuteswhich provides:

II

. . .mrovlded, that where a public highway

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col. Homer Garrison, Jr., Page 3, (C-191 )

separates landsunder the dominion or controlof the owner, the operation of such a motor vehicle by such owner; his agent or employee, across 8Uch highway shall not constitutea use of suchmotor vehicle upon a public highway of this State." Inasmuch a8 no such provision appear8 In Rouse Bill No. 31, we believe that the Leglalature Intended none. In answer to your second question, it is the opinion of thla office that the Legislature Intended to regulate all transportationof '011field equipment for compensationor hire except that 8peclflcallyexemptedby paragraphs 2 and 3, Sec. lc of Article~gllb,Vernon's Civil Statutea,which provide as follows: "Sec. lc
. . ,

"Theprovisions of this Section lc shall not apply to or Includevehicle8 used exclusively in the Stringing Of pipe for pipellne8,nor Shall this Section lc apply to or Include the transporta-. tlon of water, drillingmud, petroleum and petroleum prOdUCt8 in bulk, in tank trucks,when such substancesare used In connectlon.wlththe servicing of 011 and gas wells, unless In the course of such transportationa highwaybetween two (2)or more Incorporated cities, tOwII8 or village6 18 traversed. "Nothing In thl8 Section lc shall In anywise repeal, alter, amend or affect any of the provision8 of Chapter 290, Acts,Reg. Sea. FortyseventhLegislature (beingSections la and lb of thls Act and now codified a8 Sections la and lb of Article glib,Vernon's Texas Civil Statutes)."
It Is, therefore our opinion that Article glib, Section lc (HouseBill No. 3lj doe8 seek to regulate a8 a motor carrier or specializedmotor carrier any motor vehicle which croasea a Nghway at right angles to and from private property tranaportlng,propertyfor compensationor hire provided that the transportation'18of 011 field equipment and 18 not coveredby the exemptions set out in paragraphs 2 and 3 of Section lc, Article glib, Vernon's Civil Statutes.

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col. Homer Garrison, Jr., Pam 4, (c-191 )

1. A motor vehicle transporting 011 field equipment from one lease to another leaae when a public highway 18 crossed at right-angles 18 considered to be operating "over a public hlghway."2. Transportationof oil field equipment for hire by a motor carrier or specializedmotor carrier which crosaea a public highway at rlghtangle8 to and from private property fall8 within the definition of the term 'motorcarrier"and "speclallzedmotor carrier" and the operator of such equipment would require authority from the Railroad Commls8lonunless exemptunder the provIsIon of Article glib, Vernon's Civil Statutea. Very trulyyours, WAGGONER CARR ney General of Texas

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NVS:aj APPROVED: OPINION COMNITTEE W. V. Geppert, Chairman Gordon Zuber Arthur Sandlln V. F. !l'aylor APPROVEDBOR TRE A!C!CORNEXGENERAL BY: Stanton Stone

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