, 

HE ,~ITBRNEY GENERAL. 

OF~XAS 

AUSTIN. TEXAS 78711 

February 28, 1972 

Honorable Wilson E. Speir 

Director 

Texas Department of Public Safety 

5805 North Lamar Blvd. 

Box 4087 

Austin, Texas 78773 

Opinion No. M- 1091 

Re: Whether a “Port-A-Lift” 

combined with its supporting 

vehicle being towed constitute one or two vehicles within 

contemplation of Art. 827a, 

Dear Sir: Sec. 3(c), Vernon’s Penal Code? 

Your request for an opinion regarding the above-referenced subject is 

controlled by the following quoted provisions of Article 827a, Vernon’s Penal 

Code: 

“Art. 827a. Definitions 

“Section 1. The following words and phrases, when used 

in this Act, shall, for the purposeof’this Act, have the 

meanings respectively ascribed to them in this section, 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,trrailers, and 

semi-trailers, severally, as hereinafter defined, but 

excepting devices moved by human power or used exclusively 

upon stationary rails or tracks. 

” ‘Motor Vehicle. ’ Every vehicle, as herein defined, which 

is self-propelled. 

* * * 

” ‘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. 

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Honorable Wilson E. Speir, page 2 (M- 1091) 

” ‘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. 

*** 

“(c) No motor vehicle shall exceed a length of forty (40) 

feet. It shall be lawful for any combination of vehicles to 

be coupled together including, but not limited to, a truck 

and semi-trailer, truck and trailer, truck-tractor and 

semi-trailer and trailer, truck-tractor and two trailers, 

provided such combination of vehicles shall not exceed a 

length of sixty-five (65) feet, unless such vehicle or combination of vehicles is operated exclusively within the 

limits of an incorporated city or town; and unless, in the 

case of any combination of such vehicles, same be 

operated by municipal corporations in adjoining suburbs 

wherein said municipal corporation has heretofore been 

using such or like equipment in connection with an established service to such suburbs of the municipality; provided, however, that no passenger car (defined as any 

motor vehicle designed for carrying ten (10) passengers 

or less and used for the transportation of persons) can be 

coupled with more than one other vehicle at any one time; 

provided, however, that the provisions of this Subsection 

shall not apply to any disabled vehicle being towed by 

another vehicle to the nearest intake place for repairs; . . . 

[Emphasis added. ] 

You advise that a “Port-A-Lift”, is a dolly used to tow vehicles whereby 

the front wheels of the towed vehicle rest upon and are supported by the 

“Port-A-Lift”. The rear wheels of the towed vehicle remain in contact 

with the surface of the road. You further advise that the vehicle so situated 

upon the “Port-A-Lift” is secured to or “coupled with” the “Port-A-Lift” 

preparatory to being towed rather than being directly secured to or “coupled 

with” the towing vehicle. 

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, 

I 

Honorable Wilson E. Speir, page 3 (M-1091) 

The dolly or “Port-A-Lift”, according to your description, is either a 

“trailer” or “semi-trailer” within the quoted definitions thereof, depending, 

of course, on the functional design. However, this distinction is immaterial 

for our purposes inasmuch as both “trailer” and “semi-trailer” are 

specifically defined in Article 827a, Section 1, as “Vehicle”, and in addition, 

the definition of “Vehicle” is sufficiently broad to encompass “Port-A-Lift”. 

Therefore, you are advised that a “Port-A-Lift” or dolly as described is a 

“Vehicle” within the terms of Article 827a, Sections 1 and 3(c). 

You further ask whether the “Port-A-Lift” with a vehicle so mounted 

thereon would constitute more than one vehicle being towed by a passenger 

car in violation of the express proviso in Article 827a, Section 3(c). 

The operative words ofthe proviso are “coupled with’: The clear implication 

is that a passenger car may be “coupled with” only one other vehicle. 

“Coupled with”, we conclude, describes the usual method of attachment to a 

passenger car by means of a trailer ball and hitch or some suitable and 

permissible attachment, as well as the manner or mechanism by which the 

towed vehicle is attached to the “Port-A-Lift”. It follows that a vehicle 

“coupled with” a “Port-A-Lift” which in turn is “coupled with’ the towing 

passenger vehicle results in the passenger car being “coupled with” more 

than one vehicle at any one time. The point is clear when it is noted that 

the proviso is an exception to what is otherwise lawful pursuant to Section 3(c), 

that is, “. . . It shall be lawful for any combination of vehicles to be coupled 

together including, but not limited to, a . . . truck-tractor and two trailers, ~ . , ” 

Accordingly, you are hereby advised that the combination of “Port-ALift” and vehicle coupled thereto collectively being towed by a passenger 

car is more than one vehicle for purposes of the proviso contained in 

Article 827a, Section 3(c), prohibiting a passenger car from being coupled 

with more than one other vehicle at any one time. 

SUMMARY 

The combination of ‘Port-A-Lift” and vehicle coupled 

thereto collectively being towed by a passenger car is 

more than one vehicle for purposes of the proviso contained 

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, 

\ 

Honorable Wilson E. Speir, page 4 (M-1091) 

in Article 827a, Section 3(c), Vernon’s Penal Code, 

prohibiting a passenger car from being coupled with 

more than one other vehicle at any one time. 

Ve&truly yours, 

ney General of Texas 

Prepared by Rex H. White, Jr. 

Assistant Attorney General 

APPROVED. 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Dunk Sullivan 

Sam Jones 

Jack Traylor 

Herschel Moore 

SAMUEL D, MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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