May 22,L970 

Honorable Naomi Harney Opinion No. M- 638 

County Attorney 

Potter County Re: Authority to move over public 

Amarillo, Texas 79101 highways overwidth trailers 

used in their owners' agricultural operations without 

the permit required by Article 

827a, Section 3(a), Vernon's 

Dear Miss Harney: Penal Code. 

You ask our opinion in answer to the following inquiry: 

"When the trailer-type carriers described 

in the enclosed brochures are used to carry 

or move implements of husbandry over the public 

highways, pursuant to ArticLe 827a, Section 3(a), 

Vernon's Penal Code, and return without carrying implements of husbandry, may they be operated 

without the special over-size permits required 

of other vehicles?" 

We believe the answer to your question is found in Article 827a, Sections 1 and 3, VernonUs Penal Code. The carriers 

under consideration are properly classified as either trailers 

or a semi-trailer types of vehicles, which are defined in 

Article 827a, Section 1, Vernon's Penal Code as follows: 

"'Vehicle.' Every mechanical device, in, 

upon or by which any person or property is or 

may be transported or drawn upon a public 

highway, including motor vehicles, commercial 

motor vehicles, truck-tractors, trailers, and 

semi-trailers, severally, as hereinafter defined, but excepting devices moved by human 

power or used exclusively upon stationary rails 

or tracks. 

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Honorable Naomi Harney, Page 2, (M-638 1 

"'Trailer." Every vehicle without motive 

power designed or used for carrying property 

or passengers wholly on its own structure and 

to be drawn by a motor vehicle. 

"'Semi-trailer.' Every vehicle of the trailer 

type so designed or used in conjunction with a 

motor vehicle that some part of its own weight 

and that of its own load rests upon or is 

carried by another motor vehicle." 

Section 3(a), of Article 827a, Vernon's Penal Code, 

prohibits use on any highway of any vehicle which exceeds 

a stated total outside width, but makes the following exception to such prohibition as follows: 

II e e 0 that the limitations as to size 

of vehicles stated in this Section shall 

not apply to vehicles on which implements 

of husbandry are being carried or moved 

provided such vehicles are being moved 

by the owner thereof or his agent or 

employee for the purpose of carrying on 

agricultural operations, and provided 

further that such implements are being 

moved or carried a distance of not more 

than fifty (50) miles, G 0 0' 

Implements of husbandry are defined in Article 6675a-l(r) 

and in Article 6687b(g)# both of Vernon's Civil Statutes. 

We do not quote these definitions because the question of 

what constitutes "implements of husbandry," is not before 

US. 

The controlling language in the quoted portion of Article 827a, Section 3(a) (supra) is: 

II 

D 0 0 provided such vehicles are being 

moved by the owner thereof or his agent or 

Gyee for the purpose of carrying on 

agricultural operations. . e on 

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Honorable Maomi Harney, Page 3, (M-638 ) 

This language allows one engaged in "carrying on agricultural operations" to move his over-width vehicles on which 

he lifts or carries his implements of husbandry without the 

special permit required of other persons. Further, it is our 

opinion that the statute also allows one to move such vehicles 

over the highways when empty, without permit, where such movement is necessarily incident to the lifting or carrying of 

implements of husbandry used in such agricultural operations. 

Examples of this would involve trips from the point of original 

distination to other points in order to pick up implements 

of husbandry to be used in the farming operation or where a 

return trip is required. Any other construction would destroy 

the intent of the statutes, which is manifest from the retaining 

of the privilege of using overwidth vehicles on the highways 

between the several locations where agricultural operations 

exist by those carrying on agricultural operations. 

Should this statute be interpreted to restrict the movement of overwidth vehicles on the highways to those occasions 

only when such vehicles were actually loaded, carrying implements of husbandry, then the privilege to use such vehicles 

would be so restrained as to practically nullify and defeat 

the very purpose for which the privilege was granted, viz., 

carrying on agricultural operations, Courts are not at liberty 

to construe a statute in such a way as to defeat the legislative purpose and intent, A statute penal in nature will not 

be extended bv construction bevond the necessities of the case. 

53 Tex,Jur,2d-306, Statutes, Sec. 198; accord: Texas Highway 

Department, et al v. Kimble County, et al, 239 S,W.2d 831 

(Tex,Civ.App., error refused, n,r,e,, 1953). See also Allred, 

et al v. J, C, Engleman, Inc,, 123 Tex. 205, Gl S,W02d -33), 

The courts of this state seek a construction of a statute which 

is in harmony with loaicand sound economic principles and these 

reasons may belooked to in construing the intended purpose of 

the statute. Attorney General's Opinion No, 1iW824 (1960), 

It is therefore the opinion of this office that trailer 

type carriers as defined in Article 827a, Section 1, VernonOs 

Penal Code, may be moved over the highways of this state by 

one engaged in carrying on agricultural operations without 

the special overwidth permit required by this Article, when 

such persons are carrying implements of husbandry provided, 

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Honorable Naomi Harney, Page 4, (M-638 ) 

however, that such implements are being moved or carried a 

distance of not more than fifty (50) miles. Further, such 

carriers may be moved without permit and without carrying 

implements of husbandry but only when such movement is part 

of a transaction necessarily incident to the carrying on of 

agricultural operations. 

SUMMARY 

The trailer type carriers as defined in Article 827a, Section 1, Vernon's Penal Code, may 

be moved over the highways of this state by 

one engaged in carrying on his agricultural opetations without the special overwidth permit 

required by this Article, when such persons 

are carrying implements of husbandry, provided, 

however, that such implements are being moved 

or carried a distance of not more than fifty 

(50) miles. Further, such carriers may be 

moved without permit and without carrying implements of husbandry but only when such 

movement is part of a transaction necessarily 

incident to the carrying on of their owners' 

agricultural operations. 

Yo very truly, 

Prepared by Bennie W. Bock, II 

Assistant Attorney General 

APPROVED8 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Acting Co-Chairman 

Austin Bray 

Ken Nordquist 

Arthur Sandlin 

Richard Chote 

MEADE F. GRIFFIN 

Staff Legal Assistant 

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Honorable Naomi liarney, Page 5, (M-638 ) 

ALFRED WALKER 

Executive Assistant 

NOLA WRITE 

First Assistant Attorney General 

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