-. 

-. 

RNET GENERAL, 

OFFXAS 

Auguat24, 1949 

MP. Ernest Ouinn 

County Attorney 

El Paso County 

El Paso1 Texas 

Opllllon lo. v-&2 

lie: Olarri?iaatioa or * 

water well drilling 

outfit an an implerent 

of husbandry, thelceby 

exempting it from 

motor vehiole reglatration, 

Dear Sir9 

You have asked for the opl~forra. of this office on 

the question of whether a water well d~fllfng outfft is an 

Implement of husbandry and therefoae exempt from motor vehlcle registration under the terms of Artiole 66750-2, Vernon*e 

Civil Statutes. AcoordQing to the statement of faots aubmitted, the drilling unit is used solely for the purpose of 

dpllllng water wells for lrr4gatlon and farm purposes. The 

public highways are used temporarflg 1~ moving the unit from 

one drilling site to another, 

AxMole 6675a-2, Ve1pnongs Civil Statutes, provides 

in part: 

%kwry owner of a motor vehhfcle, trailer or 

semi-trailer used or to bs used upon the public 

highways of this State shall apply each yealp to 

the State Highway Department ttiough the County 

Tax Collector of the county In which he re8id.s 

for the registration of each such veh%ole own& 

or controlled by him for the ensuing OP ourPent 

calendar year OF unexpfred portion thereof; provided that where a pub%fc highway separates larrds 

under the dominion OF control of tha owner, the 

operation of a motor vehicale by such owner> hi8 

agenta or employees, across such highway rhall 

not constitute a use of such motor vehicle upon 

a public highway of this S%ate. Owners of farm 

tpactors. farm trailers, farm aemf-trailers, and 

Implement-s of husbandry, operated or moved temporarily upon the highways shall not be required 

to register- sueh farm traotors, farm trailers, 

farm se$.-t.sailers, OF implements of husbandry; 

* a 0 * 
Mr. Ernest Guinn, page 2 (v-892) 

Article 8278, Se&ion 3(a), Vornon~s Penal Code, 

provides P 

"no vehlole ehall exoeed a total outride 

width, lnoludlng any lo& thereon8 of ninetysix (96) lnoher, except that the width of a 

farm tractor shall not exceed nine (9) fret, 

and exoept further, that the limitat1onr as 

to sire of vehiole stated in this seotlon 

shall not .applg to implements of husbandry# 

inoluding machinery used solely for the purpose of drilling water wells, and highway 

building ant3 malntenanoe maohlnay temprarily propelled or moved upon the pub110 highways." 

husbandry" 

The following definition of 'implements of 

is found in Artiole 6675a-1, Vernon(a Civil 

Statuter: 

Y(P) *Implements of husbandry9 shall mean 

farm implements, maohlnery and tools as used in 

tilling the sollp but shall not Include any passenger car or truok." 

Ballentine defines "Implements of Husbandry" 

a8 follows 8 

“Any fnstrument used directly in the busineaa of farming> and for no other purpose Is an 

implement of husbandry, Horae rakes9 gang pleas, 

headers9 threshing machines, and combined harvesters are as clearly implements of husbandry as are 

hand rakes> single plows, sickles, sredles, fs;rt 

or an old fashfoned machine for winnowing. 

I8 no ground for exoluding an implement from the 

operation of the exemption statute because it Is 

an Improvement, and supplant3 a farm implement 

used with less effeotiveneea for the same purpose, 

Eatate of Klempfi 119 Cal. 41, 39 L,Rd, 340, 50 

Pacr. Rep. 1062. 

The machine mentioned by you ir an implement Of 

husbandry under the p~ovislons of Artlole 827a, Seotlon 3(a), 

Vernongo Penal Code, and the limitations a8 to the SlsO of 

vehleles stated in that seotlon do not apply to such a maohine. Suoh ie not oonoluslve but It Is pereuaalve In attempting to arrive at a deofslon on the question presented. 

The definition of "implements of husbandry" found in ArtiOle 

:~JT-I.$ Vernongs Civil Statutes, was added to the Aot in 

* 
br, Ernest Guinn, page 3. (V-892) 

Implements of huaban&y we 

TP 

t 

tntlon under the proriaions of Article 

from r&afia-2. FOP the 

pposes of that Artlole, "implements of husband& are 

defined in paragraph (P) of Artiole 66Ba-1 as "farm laplowents, machinery and tools as used in tilling the soil, but 

shall not lnolude any passenger ear or trunk.” We ai=e OS 

the opinion that the Legislature did not Intend to InaluW 

and did not in faot Include, within the terms of the deliLegislature Intended that any fnstrmment used direotlj l.n 

the business of farming, and for no other pwpcse, be inoXuded vlthln the terms of the definition. If, as a matter 

of fact, a machine is used rolely for the purpose of &illlng water wells for Irrigation and farm purposes, we oonoluds 

that suoh a machine is an implement of husbandry within the 

meanlug of the registration statutea. Such a machine, If It 

Is operated or moved temporarily upon the highways is exempt 

from registration under the provisions of Artiole ~67!%-2, 

V.C.S. 

A machine used solely for the purpose of 

drilling water wells for irrigation and farm 

gPrposes is an implement of husbandry under 

the provisions of Article 6675a-2, Vernonlo 

Civil Statutes. Suoh a machine whioh is opsrated or moved temporarily upon the hlghVa)1, is 

exempt from registratfon under the provisions 

of the statute. 

Yours very truly 

MTORl'TETGEI?ERALOF!PEXAS