Grover Sellers 

Hon. W. J. Townsend 

County Attorney 

Angelina County 

Lufkln, Texas 

Dear Sir: 

quoted as 

Opinion No. O-6349 

Re: Passenger automobile used as 

commercial motor vehicle must be 

registered as commercial motor vehicle, and operator of said automobile Is required to hold a commercial operator’s license. 

We have received your recent request for an opinion, 

follows: 

“1 beg leave to ~advise that there Is a ” . . . ._ . . citizen 01. cnis county operating nis ,passenger 

automobile on the state hlghways,of thfs section 

of the state, transporting and delivering merchandise therefrom to merchants only. 

“1 have advised him that it is Illegal for 

him to thus use his passenger automobile, licensed 

as such, for the purposes of transporting and delivering merchandise therefrom and that in order 

.for him to use or drive any ~motor vehicle lawfully 

for the purpose of transporting and delivering merchandise therefrom to merchants, that he must first 

have license as a ~Commerclal Operator’, as shown 

by paragraph (N) of the Texas Highway laws.. 

“Please advise me as to your construction of 

this law. May any one use lawfully his ~passenger 

automobile, as a vehicle for the transporting and 

delivering merchandise therefrom over the highways 

of this state, without first taking out a ‘Commer-~ 

cial Operators’ license?” 

utes 

Article 6675-,(i), Vernon’s Annotated Civil Statdefines a 81commerclal motor vehicle” as %ny motor vehicle [other than a motorcycle or passenger car) designed or used 

primarily for the transportation of p.roperty, including any 

passenger car which has been reconstructed so as to be used, 

and which is beina use& primarily for delivery purposes with 

the exception of passenger cars used in the delivery of ihe 

United States mails.” (underscoring added) 
Hon. W. J. Townsend, page 2 (o-6349) 

Art. 6687b, Ssctlon 1, (n) V.A.C.S. 

mercial operator” as ‘Ievery person w h o is the Arc% : iI%& 

The said next above articles are Uin pari materiaw, 

and will therefore, be taken, read and construed together~ 

any con&at between their provisions will be harmonized, if 

and 

possible. See 39 Tex.Jur. 2% 

OUr 

question that 

“iso; of a ,I;0 

2 einit mu 

foregoing de; 

with enclose 

similar 

2 V z%tOpinion No. 0-3936 holds in r ‘egard to a 

the test to be applied under the foregoi 

lmmercial operator” Is the use to which th 

We believe this test is also aoclicable to the 

‘inition of a %ommercial motor 

a copy of said Opinion No. O-3 

b v&icle.v 

1936. 

We hereTh; qy;tion to decld; is whether the vehicle is beiq 

ysed orimari Y o C&UQ,QZimercial o 

portatlon of ~uronertvf 

elivery marDose in the t an - 

This fact we leave to the determina&.oi 

of the proper authorities In each case* 

Therefore, it is our opinion that a passenger automobile which is being used primarily as a commercial motor vehicle, 

sho 3 d be registered as a commercial motor vehicle, and the operator of same is reqtired to hold a commercial operator’s license. 

We trust the foregoing fully answers your question. 

I. 

APPROVED MAY 12, 1945 Yours very truly 

/s/ Carlos C. Ashley 

FIRST ASSISTART ATTORNEY GENRML OF TEXAS 

ATTORNEY GENFRAL 

By /s/ Robert L. Lattlmore, Jr. 

APPROVED.: ;X’&iI~;C);~TTB Robert L. Lattlmore, Jr., 

BY: , Assistant 

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