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## 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 twovehicles within contemplation ofArt. 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 ofArticle 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 uponapublic 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. -5326-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 ownweight 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 offorty (40) feet. It shall be lawful for any combination ofvehicles 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 ofvehicles 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 ofthe municipality; provided, however, that nopassenger car (defined as any motor vehicle designed for carrying ten (10) passengers or less and used for the transportation ofpersons) can be coupled with more than one other vehicle at any one time; provided, however, that the provisions ofthis 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 uponand are supported by the “Port-A-Lift”
. The rear wheels of the towed vehicle remain in contact with the surface ofthe 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. -5327-,

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 ofArticle 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 ofthe 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 ofa trailer ball and hitch or some suitable and permissible attachment, as well as the manner or mechanism bywhich 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 towhat is otherwise lawful pursuant to Section 3(c), that is, “
... It shall be lawful for any combination ofvehicles to be coupled together including, but not limited to, a ... truck-tractor and twotrailers, ~. ,” 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 apassenger 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 apassenger 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 DunkSullivan Sam Jones Jack Traylor Herschel Moore SAMUEL D, MCDANIEL Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant

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