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Hon. W. J. Elliott, Chief Texas Highway Patrol Texas Department of Public Safety Austin, Texas Opinion No. **V-179**
Re: The applicability of Section (c) ofArticle 6686, V.C.S., to an.intransit operator or carrier who is not a dealer.
Dear Sir:
Your letter ofApril 14, 1947, requesting an o,pinion reads as follows:
“An intransit operator, having complied,with the second section ofB, Article 6686, is arrested for not having affixed to the windshield a sticker not less than three inches in diameter, stating that such vehicle has been driven or towed from point of manufacture, as outlined in Section C ofArticle 6686.

“Section B of this Article provides that an intransit operator shall pay $50.00 for the first such registration fee and $3.00 thereafter for each number; and Section Cprovides that every motor vehicle driven or towed from outside this State for the purpose ofsale within this State shall have this windshield sticker affixed.
“We request an Opinion as to whether the intransit operator, bringing such vehicles into this State, operating as atransport company for the sole purpose ofbringing these vehicles from the manufacturer to the dealer, is required to have the sticker affixed showing ,that the car has been towed, as required in Section C of this Article; or whether this particular Article is directed at the dealer towhom these cars are 

### tobe delivered and who presumably will later sell them.” Supplemental facts verbally supplied by you subsequent to the date ofyour written request are to the effect that the intransit3% Hon. W. J. Elliott - Page 2 Opinion No. V-179

operator in question is not a dealer as that term is defined by Article 6686, V.C.S., but onthe contrary, is a co-on carrier by motor vehicle in interstate commerce, and is presently operating under thejurisdiction ofthe Interstate Commerce Commission pursuant to authority granted by that body authorizing the transportation of motor vehicles ininterstate co-exe by the “drivea-way” and “towing” methods. The motor vehicles in question were driven and towed by the intransit operator from the place of manufacture outside the State of Texas, and delivered to adealer in the State of Texas. You have also stated that we are ~toassume that the intransit operator in question has. complied. with any and all requirements ofthe Railroad Commission of Texas under then provisions ofArticle 911b, V.C.S.

The question presented is whether or not the provisions ofSection(c) ofArticle 6686, V.C.S., are applicable to an intransit carrier of motor vehicles by the *drive-a-way* and “towing” methods, and must be complied with in order to lawfully drive such motor vehicles over the public highways ofthis State in rendering ~a common or contract carrier delivery service by means of,such methods.
Article 6686, Vernon’s Civil Statutes, provides inparty as follows: -(&Any i manufacturer of or dealer inmotor vehicles~ inthis State may, instead of registering - each vehicle, he may wish to show or demonstrate on the public highways, apply for registration and

. secure a.general distinguishing number which rnay~~~~. .be attached to any motor vehicle or motorcycle which he sends.~temporarily-upon the .road.

. . .

..‘(b) Each dealer holding a dealer’s license may issue temporary cardboard nurders.~,using such dealer’s number thereon

. . . Any dealer, or manufacturer may use such cardboard license plate for the purpose. of operating or conveying a motor vehicle, trailer, ,or semi-trailer from his place of business in one part ofthe State to:his place .ofbusiness ‘in another part ofthe State, and for the~purpose ofoperating norsonveying amotor vehicle., traikr.. or semi-trailer from the point where it is unlo;aded to his places ofbusiness, and may also use such .Cardboard number in transporting a motor vehiclei trailer, ,or.semi-trailer from the State line to’his~place of-business.

. . . “Any person, firm, or corporation engaged inthis State in the business oftransporting and delivering ,byHon. W.~J. Elliott - Page 3 opini0at H0. v-179

means idlh fulkmeuat 

### method, **t&e**sa&dle meunt method, the tow bar mehbad, er 

### l ny other cembination thereof, 

### anduader their oWa 

### power, new vehiclee from the manufacturer or my ether potnt et ‘;. 2:; origin to any point of destknation w&thinthe &ate ,0f ".,!l.i;i /,,t,;;.. ~.::;*; Texas, shall make applicaMon to the St-&s Highway ,.j* ;i:is+ ,‘..: .: “;: Commission for adrive-a-way in-kaneit license. This application for annual license shall be accompanied by 

### aregistration fee ai Pifw 

### DsUars**‘ ($50)** 

**.** and shall contain such **idcr~er** the State Highway Coinmission msy’require. Upon the fiiiag **ef** the application and the payment of the fee,, the &ate Highl;. ,.~j:,. way Commission shall i,eeue ts each drive-r-way , operator a general distinguishin number, which nunber must be carried anddisplayed by eaqh mobr vehicle in like manner as is now provided by law for vehicles while being operated upon pub@ highways and such number shall remain 011the vehicle or vehicles from the manufacturer, OCR any poi+t sf origin, to any point of~deethation wfthfn the State of Texas. Additional number platee~berring ~cBesame distin-~ guiehing number d&Fred 

### by**any**drive-a&way eperat0r may be secured from the,State 

### Highway ~Cormniseion upon the payment of 0fee of T&e+ Pellars ($3) for each set of additional license plates. Any person, firm or corporation engaging inthe 

### business 8s i drive-rway sperator of traneportily UJ delivering 

### bymeans offull-anunt m0tho.d. tke s&&e m0unt~met&sd, the tow bar methodi or any 

### combbatdan tbekaaf, and under their own power, new mater vehicles, who fails or refuses ta file or cause tobe filed an applicati0n. as is required by law; and tbpay the fees therefor as the law requires, ,shall be found guilty ef violating the provisions of this Act and T on canviction 

### be fined net lees than Fifty Dollars ($50 landmotm0re than Two Hundred Dollars ($200) and all the costs of Court. Each day so operating without 

### securing-the license andplates as required herein eha&laenstitute a~aeparate offense within the 

### meaning ef this Act. The funds collected herein shall be paid i&e &a C%ener,alRevenue Fund ofthe State subject only to apptoprf&llon by the Legislature.

“(c) Every mot0r vehicle that has been driven under its own power, or towed mei vm0m & *fit$&&re Wanufacwed eutside this State for the pu&ose of sale within th&sState, sh0U h0ve 

### affixed to the windshield or front thereof inpLrin view e~Sie#kW.

Hon. W. J. Elliett - Page 4 Opinion No. V-179

qwwwfocturo,d. Such notice s&al1 remain on such i%lilCH tw& phasis 0:s) ‘c sale thereof by the dealer. (Em-

..1, .”
Article 6686, supra, was, with t&e exception of the above quoted **second** paragraph 

### ofSectien (b), **cnicted** by **Chapter 158,**  page 302, Acts of‘the Ferty-fifth Legislature, Re,gular Session, 

### 1937. The second 

### paragraph ef said Se&on (b)wrs’added by Chapter 5, page 61,3,Acts of the Forty-sixth Legislature, Regular SesAm, 1939.
~Prior to the amendment in 1939’as~ embraced in Chapter 5, page 613, Acts of the Forty-sixth Legislatur~e, Regular Session, the act in questio,n, related only to dealers 

### andmanufacturers. Ne prevision was contained therein aMhoriaing~ the transportation **and** delivery of

### amotor ,vehicle by mean~sof driving or towing over the public highways ,ofthis State by one not + dealer or manufacturer without proper and separate registration of e~tchvehicle.

We think it is clear from a~

### reh&ng ofthe act as.,awhole that a compliance With the provisions of Section (c) ofArticle 66g6, supro, is not anecessary prerequisite to the lawful movement by a dealer of ametor vehicle **by** driving ,a$ towing ever the public highways of this ~&ate from 

### one,place .ef.b~ixsinesrk 8nother place of **business.** or frem oint of unloading totbe dealer’s place of business, or from the f

. tate line,to the dealer?s,plrce ofbusiness inthis State, or when driven everthe highwrys~,for the purpose of demenstration.
Tbe evident intent and

### pnrpose of the Legislature as expressed in Se,ctien (c) ofArticle 66g6, suprr, is the protectien of the public in the purchase of amotor vehicle. Inthe e,vent amotor vehicle is driven under its own power, or towed by anether vehicle, from place ofmanufacture outside the State to the place of sale in the State, aprsspective purchaser is entitled to be apprised of such fact in advance ofhis purchase of the vehicle. In **order** te insure that the purchaser will have prior **knowledge** of such fact, the Legislature has required the affixing of a &i&et te the windshield of the motor vehicle stating such fact. It **serves** *spa notice to the prospective purchaser that the vehicle has been driven or towed from the place of manufacture to the place of sale in*is State.

The express 

### wording of Section (c), suprr, clearly indicates that the Legielatuee contemplrted,the affixing af the sticker to the windshield by the dealer afte,r,.the motor vehicle had been driven or 

### towedte his place~of busines8,,and not befoew, or **during,** the time it was being driven or towed, This is,neceswrily true,

### c. ,

.Hon; W. J. Elliott - Page 5 ., Opinion No. V-179

because the wording of Section..(c)i supra, is,inthe past tense, and expressly relates to amotor vehicle *.

. . that has been driverrunbsereouired on the stickwer or towed” andthe .langud to the wii%&hield isto the elfect ‘

. . . that such vehicle has been dr~iven or towed.

. .” ,(Emphasis ours)

,‘~ **As** previously’ebserved the Legislature in 1939’amendei Article 6686, V.C.8.. as itthen existed (Ohsptet 158. page ~342,Acts ofthe Few-fifth Legislature, Regular Session, 1937), by enacting Chapter 5, page 613, **Acts** of the Forty-sixth Legislature, 

### Regular Session, This amendment added 

### a.new and separate pbragraph to Section (b) of sa@Article expressly authorizing perseas engaged in the business of delivering motor vehicles by.means of~the ‘drivea-way” and “towing? methods to secure a drive-a-w.ay transit license from the State,Highway Commission,-and receive a,.general distinguishing number, ta,,be displayed on each vehicle whiie being moved by.the “drive-a-way”: or :?towing* .metbed.in lieu of a separate registration ofeach vehicle a,sotherwise requiredby law. The 

### reasen for Ws amendment ins tersely stated inthe smerg(rrPCyclause of Chapter -5, supra,. wherein it is, stated:~ .,

“The fa?t that~the.present law rtgulatesenl~ automobile **dealers** bringing new vehiules into the State, and the ~further,frct, that there are many motor vehiolt 6 brought into the,State of Texas over its~public higbw&yo by drive-a-w~ay operators who are not licensed under the present law, create an emergency.
. . .I
Under the facts stattd by you the intransit operator or

### carrier in question complied with all the previsions of Section (b) of Article 6686, suprr, relating to an intransit operator or carrier, but thedid not **comply** with the previsions of Section (c) of Article 6686, supra. As has been previously. stated, Sactfen (c) ofArtfcle 6686, supra, is applicable to dealers, and then only after the vehicle has come to rest at the dealer’s place of business, and is offered for sa& to the public. Ithas no application, and is not aprerequisite to the lawful driving and movement ofavehicle over the highways ofthis State;by adealer complying with and coming within the provisions of Section (a) and the first paragraph ofSection, (b) of**ArtWe** 6686, supra, Nothing is contained in Chapter 5, page 613, ACts ofthe **Forty** six& Legislature, Re ular Sessta@, 1939, which is now the second paragraph ofSection b), supra, f indicating in any manner that the Legislature intended or provided that the provisions of Sectisn 

### (C), supra, should apply to an intransit operator and carrier. Section(c), supra, has remained unchanged since 1% origiaal enactment as a part of Chapter 158, page 302, Acts of the Forty-fifth Legislature, Regular Session, 1937; and it is our opinion that it does not apply toHon. W. J. Elliott - Page 6 Opinion No. V-179

an intransit operator and carrier such as described by you.

Itfollows from what has been stated above that the arrest ofthe intransit operator for failure to have the stickers provided for inSection (c) ofArticle 6686, supra,~affixed tothe windshields ofthe motor vehicles he was moving by the “drive-a-way” and “towing’ methods as a carrier for shirewas improper and not authorized by law.
SUMMARY

The provisions ofSection (c) d Article 6686, V.C.S., requiring 

### each motor vehick thathasbeen driven or **towed** from place ofmanufacture outside this State to place ef sale within the State to have a sticker affixed to the windshield stating such fact, apply to a dealer when offering the vehicle fer sale, but do not apply in any way to an intransit operator or carrier transporting and delivering motor vehicles by means of the drivel-a-way and towing 

### meth**ods**under a drive-a-way intransit license provided 

### for inSection (b) ofArtic,le 6686, supra. Yours very truly,
ATTMRNEY -NEPAL 4% TEXAS

Assistant C19M:jt:sl