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~motorvehicle 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 meas to your construction of this law. Mayany 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, andwhich 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 ho is the Arc% : iI%&

The said next above articles are Uin pari materiaw, andwill therefore, be taken, read and construed together~ any con&at between their provisions will be harmonized, ifand possible. See 

### 39Tex.Jur. 2%

OUr question that

“iso; of a ,I;0 2 einit mu foregoing de; with enclose similar 2 z%tV Opinion No. 

### 0-3936holds in r‘egard to a the test to be applied under the foregoi lmmercial operator” Is the use to which th Webelieve this test is also aoclicable to the
‘inition of a %ommercial motor a copy of said Opinion No. O-3 bv&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, sho3 d be registered as a commercial motor vehicle, and the operator of sameis reqtired to hold a commercial operator’s license.

Wetrust the foregoing fully answers your question. I. APPROVED

MAY12, 

### 1945 Yours very truly /s/ Carlos C. Ashley FIRSTASSISTART ATTORNEY GENRMLOFTEXAS ATTORNEY

GENFRAL By /s/ Robert L. Lattlmore, Jr. APPROVED.:

;X’&iI~;C);~TTB Robert L. Lattlmore, Jr., BY: , Assistant RLL:LJ;wb