May 22,L970

HonorableNaomi Harney Opinion No. M- 638 CountyAttorney Potter County Re: Authority to move over public Amarillo, Texas 79101 highways overwidth trailers used in their owners' agricultural operationswithout the permit requiredby 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 returnwithout carrying implementsof husbandry,may they be operated without the special over-size permits required of other vehicles?"
We believe the answer to your question is found inArticle 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, includingmotor vehicles, commercial motor vehicles, truck-tractors,trailers, and semi-trailers, severally, as hereinafter defined,but excepting devicesmoved by human power or used exclusively upon stationary rails or tracks.

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"'Trailer." Every vehiclewithout motive power designed or used for carryingproperty or passengerswholly 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 conjunctionwith a motor vehicle that some part of its own weight and that of its own load rests upon or is carriedby anothermotor vehicle." Section 3(a), of Article 827a,Vernon's Penal Code, prohibits use on any highway of any vehiclewhich exceeds a stated total outsidewidth, but makes the following exception to such prohibition as follows:

II e e 0 that the limitationsas 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 agriculturaloperations, and provided further that such implements are being moved or carried a distance of notmore than fifty (50)miles, G 0 0' Implements of husbandry are defined inArticle 6675a-l(r) and inArticle 6687b(g)#both of Vernon's Civil Statutes. We do not quote these definitionsbecause the question of what constitutes "implementsof 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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This language allows one engaged in "carryingon agricultural operations" to move his over-width vehicles on which he lifts or carrieshis implementsof husbandry without the specialpermit 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 suchmovement 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 constructionwould destroy the intent of the statutes,which ismanifest from the retaining of the privilege of using overwidthvehicles on the highways between the several locationswhere agricultural operations exist by those carrying on agriculturaloperations. Should this statute be interpreted to restrict themovement of overwidth vehicles on the highways to those occasions only when such vehicleswere 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 forwhich the privilege was granted, viz., carrying on agriculturaloperations, Courts are not at liberty to construe a statute in such a way as to defeat the legislativepurpose and intent,A statutepenal in nature will not be extended bv constructionbevond 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 alsoAllred, et al v. J, C, Engleman, Inc,, 123 Tex. 205, Gl S,W02d -33), The courts of this state seek a construction of a statutewhich is in harmonywith loaicand sound economicprinciples and these reasonsmay belooked to inconstruing the intendedpurpose of the statute. Attorney General's Opinion No, 1iW824 (1960),
It is therefore the opinion of this office that trailer type carriers as defined inArticle 827a, Section 1, VernonOs Penal Code, may be moved over the highways of this stateby one engaged in carrying on agricultural operationswithout the special overwidth permit requiredby thisArticle, when such persons are carrying implements of husbandryprovided,

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however, that such implements are being moved or carried a distance of not more than fifty (50)miles. Further, such carriersmay be moved without permit and without carrying implementsof husbandry but only when suchmovement is part of a transactionnecessarily incident to the carrying on of agriculturaloperations.

SUMMARY The trailer type carriers as defined in Article 827a, Section 1, Vernon's Penal Code, may be moved over the highways of this stateby one engaged in carrying on his agriculturalopetationswithout the special overwidthpermit requiredby thisArticle, when such persons are carrying implements of husbandry,provided, however, that such implementsare being moved or carried a distance of not more than fifty (50) miles. Further, such carriersmay be moved without permit and without carrying implements of husbandry but onlywhen such movement is part of a transactionnecessarily incident to the carrying on of their owners' agriculturaloperations.

Yo very truly,

Preparedby Bennie W. Bock, II AssistantAttorney 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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ALFRED WALKER ExecutiveAssistant
NOLA WRITE FirstAssistant Attorney General

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