September 19, 1990

Honorable Benjamin Euresti, Jr. Opinion No. JM-1226 County Attorney Cameron County Courthouse Re: 974 E.Harrison Street Whether Mexican operators ofmotor vehicles Brownsville, Texas 78520 used forcommercial purposes must obtain Texas driver's licenses (RQ-1975)

DearMr. Euresti:

Your request concerns the state licensing requirements thatmust be satisfied prior to driving commercial motor vehicles inTexas. Two state the issuance and statutes currently regulate continuance of driver's licenses whose possession authorizes theholders to drive various motor vehicles inTexas. Those statutes are articles 6687b and 6687b-2, V.T.C.S. Since your request focuses on article 668733,we first address your questions under that statute.

Section 2(a) of article 668733 provides that unless expressly exempted by the act, noperson may drive a motor vehicle on a highway in Texaswithout adriver's license issued inaccordance with the act. You askwhether section 3(e) of article 6687b exempts Mexican commercial truck operators driving Mexican commercial vehicles inTexas from the license requirements of the act.1 You also ask whether

1. We assume forpurposes of this opinion that the Mexican commercial drivers arenot Texas residents, but are instead Mexican residents who are entitled to thebenefit of Mexican laws and treaties. See Attorney General Opinion JM-611 (1986) (concluding article holding 668733 exempts persons

valid driver's licenses from other states or countries only if such persons are not Texas residents):
see also 37 T.A.C. S 15.1(2)(defining uresident@' for driver's licenses purposes as aperson domiciled in Texas), 15.1(3) (classifying all others as "nonresidents").

P. 6507Honorable Benjamin Euresti, Jr. -Page 2 (JM-1226)

anexemption under section 3(e) isdependent on a reciprocal exemption byMexico of commercial drivers licensed by Texas.

Section 3(e) of the act exempts from the act's license requirements:

Any nonresident who isat least eighteen (18)years of age andwho has inhis immediate possession avalid Class A or Class B driver's license or similar license issued to himbyhis home state shall notbe required to secure such license under thisAct, p~pz vided the state or country ofhis residence likewise recognizes such licenses issued by the State of Texas and exempts the holders thereof from securing such licenses from such foreign state or country. The purnose of this section isto extend full reciorocitv to citizens of other states and foreign countries which extend like privileges to citizens of the State ofTexas. (Emphasis added.)

Possession of either avalid ClassA orB license or avalid Class C license, the other motor vehicle license issued under the act, authorizes theuse ofmotor vehicles based on theirweight ratings or passenger capacity and thus covers vehicles used forboth commercial andnoncommercial reasons. V.T.C.~;,;;t.,6687b, 54A(b)T(d): Be also i9, 5 1;V.T.C.S.

. define "mot& f 2(a)-(b) (cited provisions read together

vehicle" for purposes of article 66871, to
cover in general vehicles used for the transportation of persons orproperty byhighway). Article **668731-2** also uses avehicle classification system that isbased inpart on weight ratings orpassenger capacity. Since you did not present andwe are not otherwise inpossession ofparticular facts describing theweight ratings, passenger capacity, or other characteristics of the motor vehicles in issue, we cannot determine whether the licensing provisions of article 6687b or 668713-2apply to them. Thus, we first assume that the vehicles are within the scope of the licensing provisions of article 668733,and later forpurposes of our discussion ofarticle 6687b-2, we assume that the vehicles

p. 6508Honorable Benjamin Euresti, Jr. -Page 3 (JM-1226)

arewithin the reach of the licensing provisions of article 668733-2.2

The predecessor of section 3(e), formerly codified as section 3(4), exempted prior to 1947 only residents of other stateswho held chauffeur's licenses. Acts 1941, 47th Leg., ch. 173, 53(4), at 247-48. In 1947the legislature passed House Bill 293 and extended the exemption insection 3(4) to residents of other stateswho held operator's or commercial operator's licenses and to other nonresidents who possessed operator‘s, chauffeur's, or commercial operator's licenses
or similar licenses from their home governments "provided the State or Country of
. . , [their] residence likewise recognizes such licenses issuedby the State ofTexas and exempts theholders thereof from securing such licenses from such foreign State orCountry." Acts 1947, 50th beg., ch. 108, 5 1,at 171. The caption and the emergency clause show that the legislature intended to extend reciprocity to citizens of other states and foreign countries that extended
asimilar exemption toTexas residents. Ig, at 171-72.

Soon after thepassage of House Bill 293, this office P issuedAttorney General Opinion V-980 (1949), which held

that this state could automatically suspend the driving privileges of anonresident holding an out-of-state license who
was convicted of anoffense under article 668733and take custody of the nonresident's out-of-state license. It stated that section 3(4) had extended Texas driving privileges tononresidents only ifthey had intheir immediate possession an appropriate out-of-state license and if reciprocity was "present between that State and this State
as to recognition of each State's licenses." Attorney General Opinion V-980 at 3.

The 1983 amendments to article 6687b reclassified section 3(4) to section 3(e) and modified the language of the 1947 amendment to reflect the change to alphabetical licenses covering vehicles based on theirweight ratings or

2. Our subsequent discussion of article 668733-2 will show that the enactment of that article removed from the scope of the licensing provisions of article 6687b a significant number ofvehicles used forcommercial purposes. That discussion will also show that the licensing reguirements of article 6687b continue to apply to some commercial vehicles. P

p. 6509Honorable Benjamin Euresti, Jr. -Page 4 (JM-1226)

passenger capacity. w Acts 1983, 68th Lag., ch. 345, g 2, at 1797.

Neither the provisions of House Bill 293 nor the current language of section 3(e)makes adistinction for purposes of the exemption between drivers of commercial and noncommercial vehicles. Consequently, an exemption under section 3(e) is available to a nonresident with regard to anymotor vehicle currently within the scope of the licensing provisions of article 668713, including one used for commercial purposes, but only ifreciprocity is present between Texas and the nonresident's home government with regard to similar driver's licenses and the nonresident has
avalid license issued tohim by his home government. Furthermore, according to the current as well as past versions of the exemption, the nonresident must be 18 years of age orolder.

Even assuming theMexican drivers in issue are 18years or older and possess appropriate Mexican licenses, you have notmentioned any reciprocal arrangement between Mexico and theUnited States or Texas with regard to licenses authorizing the use of motor vehicles for commercial purposes or anyMexican legislation allowing licensed Texas commercial drivers to operate their vehicles on Mexican highways without obtaining local licenses. Mexico and the United States, however, are signatories to a 1943 treaty that covers the use of certain motor vehicles in each country. That treaty, the Convention on the Regulation of Inter-American Automotive Traffic (hereinafter the Convention) was opened for signature at the Pan American Union on December 15, 1943. c. Bevans, 3 eaties and ti t America 1776-1949 at 865e(1969) (contains reproduction of treaty) (hereinafter l*Bevans'l);M 61 Stat. 1129: T.I.A.S. NO. 1567 (alsocontains reproductions).

The Convention facilitates the movement of motor vehicles among theAmerican republics by agreeing to the acceptance of each individual republic's licensing of vehicle operators and registration ofvehicles andproviding for the recognition of international vehicle certificates anddriver's licenses. Article IIof the Convention defines
amotor vehicle 'aa any self-propelled vehicle circulating upon apublic highway without the need of rails and used for the transport ofpersons ormerchandise." 3Bevans at 866. The term Wmerchandise" is notdefined by the Convention, although "highway" isdefined "asanypublic way maintained for and open to the use of the public for purposes of vehicular travel." & The Convention does not expressly

D. 6510P Honorable Benjamin Euresti, Jr. -Page 5 (JM-1226)

refer to vehicles used for commercial purposes. See H.Kelly, m XVII Dep*t of State Bull. 1063, 1066-67 (1947) (ConventTo;l silent with regard toproblem presented by trucks and buses; little expectation in 1940s of commercial vehicle traffic developing over longdistances).

TheUnited States signed the Convention on December 31, 1943, and the Senate subsequently ratified itduring the
summer of 1946. Upon deposit of the ratification onOctober 29, 1946, the treaty became effective with regard to the United States. 3Bevans at 865.

Mexico ,signedthe treaty onApril 14, 1949,with reservations, ratified it onApril 30, 1949, anddeposited its ratification onJune 24, 1949. 3Bevans at 875; Division of Law and Treaties, Pan American Union, uter-American cations. n ReDosits with ILxdanatorv Notea 98 (1954). Mexico's res$" vations to the treaty provide:

1. The approval which theGovernment of Mexico grants is limited to the passage of private vehicles which carry their owners, family, or friends andwhich are notused for purposes ofprofit, and

2. Vehicles, destined forpublic service. in carrying passengers and freight, will continue tobe subject to thedispositions of Mexican legislation.

SeeU.S. Dep't of State, United States Treaty Developments (Dec.1950) (updatingT.I.A.S. No. 1567 since December 15, 1943). We areunaware ofany subsequent change or addition to the Convention. We are alsounaware ofanyUnited States opinion construing either the Convention or the reservations to the Convention byMexico. The Convention is still in forcebetween theUnited States andMexico. &8 U.S. Dep't of State, Treaties in Force: A List ofTreaties and Other ational Aareement of theUnited States inForce on zm 1. 199Qat 286.'

Given Mexico's reservations to the Convention, we conclude that the Convention does not establish an arrangement between Mexico and the United States for the reciprocal

p. 6511Honorable Benjamin Euresti, Jr. -Page 6 (JM-1226)

recognition of commercial driver's licenses.3 Since you have notmentioned andwehave not been able to locate any other arrangement between the two countries with regard to reciprocal recognition of commercial driver's licenses or anyMexican legislation, we conclude that an exemption is not currently available under section 3(e) of article 6687b toMexican operators who use commercial motor vehicles that
arewithin the scope of the licensing provisions of article **668733.**

We next address your questions under the new Texas Commercial Driver's License **Act,** article 6687b-2, V.T.C.S. Article 668713-2was added by House Bill 1935 of the 71st Legislative Session, which also amended various provisions of article 668733to reflect the new act. Acts 1989, 71st Leg., ch. 236, **55 1,**  3-8, at 1086-1100. Article 668733-2 generally became effective April 1, 1990, the date on which the amendments to article 6687b took effect.4

Article 6687b-2 regulates the issuance and continuance ofdriver's licenses fortheuse of certain commercial motor vehicles. Licenses issuedunder article 6687b-2 are described as commercial driver's licenses and authorize individuals to drive various classes of commercial motor

3. Texas has had ineffect since 1976 regulations providing that the reciprocal privileges described in the 1943 Convention are limited toprivate vehicles. g&g 37 T.A.C. 8 15.91 (a)-(b), (d)(2) (allcommercial buses, trucks and trailers are excluded). Since treaties entered into by theUnited States are the supreme lawof the land,we base
our conclusion not on these regulations but on the 1943 Convention as signed with reservations by Mexico. w U.S. Const. art.VI, cl. 2: see also Bidalao Countv Anoraisal mat . af rN.V,, 756 S.W.2d 754, 756 (Tex.Civ. App. - Corp;svChristT 1988 nowrit) (state law inconflict with United States treaties are invalid to the extent of the conflict).

4. We address your questions under article 6687b-2 solely with regard toMexican operators of commercial motor vehicles and in light of the 1943 Convention and the reservations to that treaty filed byMexico. Since the United States may have different arrangements with other countries concerning automotive traffic, we do not address the application of article 6687b-2 to residents of those other countries.

p. 6512Honorable Benjamin Euresti, Jr. -Page 7 (JM-1226)

vehicles. V.T.C.S. art. 6687b-2, Sf 3(3), 21. Section 3(6) ofthe act defines %ommercial motor vehicle" for-purposes of article 6687b-2 as:

[A]motor vehicle or combination of motor vehicles used to transport passengers or property ifthemotor vehicle:

(A) has agross combination weight rating of 26,001 ormore pounds inclusive ofatowed unit with a grossvehicle weight rating of
more than 10,000pounds;

(B) has agross vehicle weight rating of 26,001 ormore pounds:

(C) isdesigned to transport 16or more passengers, including the driver: or
(D) istransporting hazardous materials and isrequired tobeplacarded inaccordance with 49C.F.R. Part 172, Subpart F.

rc- Section 21(b) of article 668733-2,which took effect April 1,

1990, authorizes the issuance of commercial driver's licenses with ClassA, B, and Cclassifications encompassing vehicles classified according toweight rating and passenger capacity. Se- alsoV.T.C.S. art. 6687b-2, 8 3(6).

Theweight ratings andpassenger capacity criteria used in sections 3(6) and 21(b) ofarticle 6687b-2 are similar to the ratings and capacity criteria used in section 4A of article 6687b. m V.T.C.S. art. 6687b, S4(9) (resolving the overlap between the two statutes). On or after the date the Department ofPublic Safety (hereinafter the department) begins issuance of commercial driver's licenses under article 6687b-2, the department may not issue to drivers Class A or B licenses under article 66871,unless the drivers first provide sworn affidavits stating that the vehicles that they will thereafter drive, requiring article 668713 Class A or Class Bdriver's licenses, are exempted from the definition of commercial motor vehicle inarticle 6687b-2. 2L We understand that the department intends to begin

p. 6513Honorable Benjamin Euresti, Jr. -Page 8 (JM-1226)

issuing commercial months.5

Section 11(a) department may not license to aperson domicile.6 Section driver's licenses within the

of article 6687b-2 provides generally issue a commercial unless Texas is theperson's next few

that the driver's state of 3(28) defines "state of domicilen as "the statewhere aperson has theperson*8 true, fixed, and permanent home andprincipal residence and to which the person intends to return whenever absent." Section 3(27) defines %tate* as a state of the United States or the District of Columbia. Thus, foreign countries are not included within the term 10state.W

Section 17 of article 668713-2, however, gives the department discretionary authority to issuenonresident commercial driver's licenses. "Nonresident commercial driver's licensesH are %ommercial driver's licenses~@forpurposes of article 6687b-2 that are issued by a state to aresident of
a foreign jurisdiction. SeeV.T.C.S. art. **668713-2,** 8 3(23);
S tyi~;y~d.L S 3(3) (defining "commercial driver's license"

any license that authorizes the operation of

5. Until then department begins issuing commercial driver's licenses, an article 6687b license that is renewed which permits the driving of a commercial motor vehicle as described inarticle 6687b-2 continues ineffect until the earlier ofApril 1, 1992, or thedate onwhich the license expires or is suspended, revoked, or cancelled. April 1, 1992 isthe effective date of theprohibition insection 9 of article 668733-2that provides aperson may not drive a commercial motor vehicle covered by the new act without possession of avalid commercial driver#s license. Acts 1989, 71st Leg., ch. 236, 5 12,at 1101. L 5 12(b).

6. The purpose of article 668733-2isto implement the federal Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. app. 58 2701-16. V.T.C.S. art. 6687b-2, 8 2. Both the federal act and the state act contemplate that a person operating a commercial motor vehicle will have only one license. See. e.a,, 49U.S.C. app. 52701;V.T.C.S. art. 668713-2, 54; see also 49 C.F.R. 5 383.21. Section 2708(a) (14)of the federal act requires that a state permit
a qualified driver holding a commercial motor vehicle license from another state to operate commercial motor vehicles within itsboundaries.

p. 6514Honorable Benjamin Euresti, Jr. -Page 9 (JM-1226)

commercial motor vehicles issued inaccordance with article 668733-2).

Section 17,which took effect April 1, 1990, provides that the department **may** issue nonresident commercial driver's licenses to residents ofa foreign jurisdiction "if theUnited States Secretary ofTransportation has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction do not meet the standards established in49 C.F.R. Part 383."7 A "foreign jurisdiction" isa ujurisdiction other than a state of the United States." V.T.C.S. art. 6687b-2, 5 3(18); see also 37 T.A.C. 8 16.41 (describingMexico as a foreign jurisdiction for purposes of article 6687b-2 and stating that a nonresident must satisfy certain requirements). Before issuing such a license, thedepartment must ascertain the practical capacity of discontinuing the license and disqualifying the person "with the same conditions applicable to acommercial driver's license issued to a resident of this state." V.T.C.S. art. 6687b-2, 5 17. We
are informed that thedepartment intends tobegin issuing nonresident commercial driver's licenses at the same time as resident commercial driver's licenses.

The language used in section 17 suggests that the department may not issuenonresident commercial driver's licenses unless the federal government has issued a formal determination that a foreign jurisdiction's standards do not satisfy federal requirements. However, a review ofall the provisions of'the .act reveal that the legislature intended that anonresident obtain anonresident commercial driver's license unless the testing and licensing standards of the nonresident's jurisdiction had been found satisfactory by the federal government. &8 V.T.C.S. art. 668733-2, 5 9(a) (aperson may not drive acommercial motor vehicle unless he possesses avalid commercial driver's license): & 5 31(a) (mandatory recognition by Texas of certain out-of-state

7. Federal regulations, which take effect April 1, 1992, require acommercial motor vehicle operator domiciled ina foreign jurisdiction to obtain anonresident commercial driver's license from a state that complies with the applicable federal standards if the Department of Transportation has determined that the jurisdiction does nothave testing and licensing standards in accordance with 

### or similar to the. applicable federal regulations. 49 C.F.R. S383.23(b). r

p. 6515Honorable Benjamin Euresti, Jr. -Page 10 

### (JM-1226)

licenses upon recognition by federal government of issuer's standards). Unless Texas can issue nonresident commercial driver's licenses pending a determination of satisfactory standards by the federal government, nonresident operators of commercial motor vehicles **may** beplaced inthe difficult position of needing commercial driver's licenses without a means foracquiring such licenses. commercial traffic along Texas Given the importance of borders, it isdoubtful the legislature intended toplace nonresident operators in such
aposition. Thus,we construe section 17as authorizing the issuance of nonresident commercial driver's licenses unless the federal government has determined that the standards **of** the nonresident*8 jurisdiction meet applicable federal requirements.

Section 31(a) of article 6687b-2, also effective April 1, 1990, establishes twobases forreciprocal recognition of licenses obtained outside Texas.
acommercial motor First, aperson may drive vehicle in Texas ifhe has a valid commercial driver's license or commercial driver learner's permit issued **by** another state in accordance with the applicable federal standards. commercial driver's Since section 3(3) defines licenses as licenses issued in accordance with article 668713-2, section 31(a) thephrase as used in obviously refers to commercial driver's licenses asdefined inand issued under other states' laws.

The federal Commercial Motor Vehicle Safety Act of 1986 anticipates that all of the stateswill eventually have in effect statutes similar to article 6687b-2 and will recognize commercial driver's licenses issued by other states. 49U.S.C. app. 52708. under the federal act also Federal regulations adopted anticipate that all states will recognize commercial drivers8 licenses issued by other states. 49 C.F.R. 8383.73(h).

For two reasons, interpret section 31(a)we believe it is appropriate to in light of theprovisions of the federal act and regulations. First, such an interpretation effectuates the single license requirement of the state and federal commercial driver's licenses acts. &g 49 U.S.C. app. 52701:V.T.C.S. art. 6687b-2, 54(a). Second, that interpretation enhances the effectiveness of the nationwide information system that the federal act establishes for purposes of tracking thedriving record of all commercial drivers. See. e-a,, 49 U.S.C. app. 5 2706 (computerized system for licensing and disqualification of commercial drivers based onpossession of single licenses). conclude that if aMexican operator Thus, we of acommercial motor vehicle asdefined inarticle 6687b-2 obtains a nonresident -\

P. 6516. Honorable Benjamin Euresti, Jr. -Page 11 (JM-1226)

commercial driver's license fromanother state, that license isentitled to recognition inTexas in accordance with section 31(a), and that operator isnot required to obtain a Texas nonresident commercial driver's license.

Section 31(a) also provides #at aperson may drive a commercial motor vehicle asdefined by article 6687b-2 in Texas ifthat person has avalid commercial driver's license issued by a foreign jurisdiction forwhich theUnited States Department ofTransportation has made adetermination that the jurisdiction's testing and licensing standards satisfy certain federal requirements.8 While we have confirmed that the federal government has determined that Canada's standards satisfy the applicable requirements, we are not aware of such adetermination with regard toMexico*8 standards. m 49 C.F.R. 5383.23(b) n.1 (effective December 29, 1988, certain Canadian licenses accepted instead of nonresident commercial licenses in accordance with single license requirement); see also 53Fed. Reg. 27634 (July 21, 1988) (Mexican standards undergoing analysis).

Until the federal government makes adetermination that the testing and licensing standards of Mexico satisfy the applicable federal requirements, a Mexican operator of a commercial motor vehicle asdefined inarticle 6687b-2 must obtain adriver's license as required by state law. Prior to the department's issuance of commercial driver's licenses, including 'nonresident commercial driver's licenses, aMexican resident may operate acommercial motor vehicle asdefined inarticle 6687b-2 ifhe has either a

8. According to section 31(a) the following conditions must also be satisfied:

(1) the person's license orpermit [issuedby the foreign jurisdiction] isappropriate forthe class of vehicle being driven and isnot suspended, revoked, or canceled;

(2) theperson isnot disqualified from driving
a commercial motor vehicle or subject to an out-ofservice order: and

(3) the person has notbeen domiciled in this state 

### formore than 30days.

p. 6517Honorable Benjamin Euresti, Jr. -Page 12 (JM-1226)

license appropriate for the class of vehicle being driven that is issued in accordance with article 6687b or a nonresident commercial driver's license issued by another state that isentitled to recognition inTexas inaccordance with section 31(a). After the date onwhich the department begins issuance ofnonresident commercial driver's licenses,
aMexican operator ofavehicle within the scope of article 668713-2 must possess either a nonresident commercial driver's license issued by Texas or one issued by another state that is entitled to recognition in Texas. If a Mexican operator of commercial motor vehicles asdefined in article 6687b-2 acquires a license under article 6687b before the department begins issuance of nonresident commercial driver's licenses, hemay continue to use that license until it expires or is suspended, revoked, or cancelled.


### SUMMARY

Absent a reciprocal arrangement between Mexico and Texas or theUnited States for the recognition of commercial driver's licenses
oranyMexican legislation allowing licensed Texas commercial drivers to operate their vehicles on Mexican highways without obtaining local licenses, an exemption under section 3(e) ofarticle 6687b isnot available from that act's licensing provisions for Mexican operators ofmotor vehicles within the scope of article 6687b that areused for commercial purposes. Thus, Mexican operators of such vehicles must obtain licenses in accordance with article 6687b.

Until the federal government determines thatMexico*8 testing and licensing standards satisfy applicable federal requirements, a Mexican operator of a commercial motor vehicle within the scope of the Texas Commercial Driver's License Act, V.T.C.S. article 6687b-2, must obtain aTexas driver's license as required by state law. Until the Department of Public Safety begins issuance ofnonresident commercial driver's licenses under article 6687b-2, such an operator should obtain a license appropriate for the class ofvehicles being driven that is issued in accordance with article 6687b or nonresident commercial driver's licensz issued by another state that isentitled to -,

p. 6518Honorable Benjamin Euresti, Jr. -Page 13 (JM-1226)

recognition in Texas in accordance With section 31(a) ofarticle 6687b-2. After the date onwhich the department begins issuance ofnonresident commercial driver?8 licenses, such an operator must possess either nonresident commercial driver's licenst issued by Texas or by another state that is entitled to recognition inTexas. However, ifa Mexican operator acquires a license under article 6687bbefore that date, he may continue touse that license until itexpires
or is suspended, revoked, or cancelled.

JIM MATTOX Attorney General of Texas

MARYKELLER First Assistant Attorney General

P LOUMCCREARY

Executive Assistant Attorney General

JUDGE ZOLLIE STKAKLEY Special Assistant Attorney General

RENKA HICKS Special Assistant Attorney General

RICK GILPIN Chairman, Opinion Committee
Prepared by Celeste A. Baker Assistant Attorney General

p. 6519