## THE ATTORNEY GENERAL OFTEXAS

Honorable.

Homer Garrison, Jr., Director Texas Department of PublIcSafety CampMabry Austin 9, Texas Dear 9lr : OpinionNO. 0-7196 Re: Whether a properly registered truck and trailer which does not exceed 96 Inches in width, can be used to have and combine over 108 inches in width without a special permit and related question. Your recent opinion request reads as follows: 'Mr.A, the owner of a commercial truck and trailer, properly licensed in the State of Texas, contractswlth Mr. B, the owner of a thrashing combinewhich Is an lmplement of husbandry, to transport on this commercial motor vehicle the said combine from Amarillo, Texas, to Beeville, Texas, for a stated sum of money for the above transportation. 'The said truck and trailer are under 96 Inches In width; therefore, legal to move on Texas highways. But after the said combine is loaded on thfs commercial motor vehicle, it Is over 108 inches In width at the widest point; thus, maki.ngit an overwidthvehicleunder Texas laws. "10 Does this truck and trailer, loadedwith thfs combine, require a specialpertitfrom the State Highway Department to move over Texas State highways? “2

. Thus loaded and moving as a commercial load, is this an i.mplement of husbandry fn so far as t$af’fic regulations of the State of Texas are concerned% Article 6675a-2,V.A.C.S. provides in part as follows:

II

. . . . Owners of farm tractors, farm trailers, farm semi-trailers,and implements of husbandrv, operated or moved temporarilyuoon the hlghways shall not be required to register such fsrm tractors, farmHonorable Homer Garrison, Jr., Page 2 o-7196

trailers, farm semi-trailers, bandry;

. e . . ." or imolements of hus- (Emphasisours). Article 6675a-1, paragraph (r),V.A.C.S. reads as follows:



### “(r) 'Implementsof husbandry' shallmean farm implements,machinery and tools as used in tilling the soil,but shall not Include any passenger car or truck." Article 6675a-1, paragraph (q),V.A.C.S. provides as follows: 'o ,,,,a$$ By 'erated or moved temporarilyupon the

ismeant the operation or conveyingbetween different farms, and the operation or conveyance from the owner's farm to the place where his farm produce is prepared for market or where same Is actually marketed and return." Article 6675a-8b,V.A.C.S. provides as follows: "Nomotor vehicle shallbe registeredand licensed which has a total outsidewidth, includingany load thereon, of more than ninety-six (96) inches, except that thewidth of a farm tractor shallnot exceednine (9) feet, and excepting further, that the limitationsas to size of vehicle shallnot apply to implementsof husbandry,and highway building and maintenancemachinery; temporarilypropelled or moved upon the public highway. Article 6675a-6,V.A.C.S, provides in part as follows:

The term 'grossweight' as used in this se&lo; sha1.i

mean the actual weight of the vehicle fully equippedwith body, and other equipment,as certifiedby any Official PublicWeigher or any License and Weight Inspector of the State Highway Department, plus Its net carrying capacity. 'Netcarrying capacity' of any vehicle except a bus, as used in this section, shallbe the weight of the heaviestnet load to be carried on the vehicle being registered; provided said net carrying capacity shall in no,case be less than the manufacturer'srated carrying capacity.

. . D -' Article 6701a, Section 1,V.A.C.S. provides: "Whenany person, firm or corporation shalldesire to operate over a state highway super-heavy OP over-size equipment for the transportationof such commoditiesas cannotHonorable Homer Garrison, Jr., page 3 o-7196

be reasonablydismantled,where the gross weight or size exceeds the limits allowed by law to be transported over a state highway the State Highway Department may, upon application, since a permit for the operation of said equipment with said commodities,when said State Highway Department is of the opinion that the samemay be operatedwithout material damage to the highway. Provided,however, that nothing in this Act shall prevent the full control of such movements or operations on the streets of cities and towns by the ordinances of such nmnicipa1ities.I' After carefully considering the above quoted statutes, as well as the related statutes in reference to registration,we have arrived at the following conclusions:

1. That the truck and trailer in question can lawfully move upon the highways of this State, and carry any load that does not exceed either the gross veight for which it is registered (and in no event can exceed 48,000 pounds gross weight) OP the legalwidth of 96 incheswithout a specia 1 ,permi~t

as provided in Article 67ola.

2. That the Truck and trailer in question cannot lawfully move upon the highways of this State, when its gross weight exceeds the gross weight forwhich it is registered or the load thereon exceeds 96 inches in width, without a specialpermit as provided in Article 6701-a.

3. That a special permit cannot be obtainedfor said truck and trailer to haul super-heavy OP over-size equipment, if such equipment can be reasonablydismantled.

4. That the truck and trailer loadedwith the combine when being transported,as stated in your opinion request, 1~s not an "Implementof husbandry" in that the definition of suchphrase, as above set forth, explicitly states that same "shallnot include any passenger car or truck".

5. Even though itwere considered an 'Implementof husbandry", It could not be transportedas stated in your letter without a specialpermit, in that iC, would not he "operated01" moved temporarilyupon the highways'!, as that phrase is defined inArticle 6675a-1.

Pour specificquestions can theref’ore be answered numerically as follows:

1, The truck and trailer, loadedwith the combine in question, requires a specialpermit from the State Highway Department to move over Texas State Highways, in the manner stated inHonorable Homer Garrison, Jr., page 4 o-7196

your letter (if the combine cannotbe reasonablydismantled, 80 as not to exceed either the gross weight or 96 inches inwidth).

2. The truck and trailer, loadedwith such combine, moving as a commercial load, is not an implement of husbandry in so far as traffic regulations of the State of Texas are concerned.

We trust that we have fully answered your inquiry. Yours very truly ATTORNEY GENERAL OF TEXAS
By s/w,V.Geppert W,V. Geppert Assistant WVG :MS:wc

APPROVEDAPR 12, 1946 s/Wm. J. Fanning (Acting)ATTORNEY GENERAL OF TEXAS Approved Opinion CommitteeBy s/BWB Chairman