TIE ATI'ORNEY GENERAL 

OF-XAS 

Superseded by Opinicn Ph. :???2’ztiL 

~w*wY”wu c. RLKmTlN AZISTIN, TEXAS 78711 

*x-x-OHNEY CIENERAL &w=6a 

October 15, 1968 

Mr. J.C. Dingwall Opinion No. M-292 

State Highway Engineer 

Texas Highway Department Re: Applicability of driveAustin, Texas a-way in-transit license 

plates authorized under Art. 

6686(b), V.C.S., to new 

autos and trucks transported 

by dealers; to new trailer 

and mobile home transportaDear Mr. Dingwall: tion; and related question. 

You request an official opinion of this office on 

the following questions: 

"1. May the drive-a-way in-transit license plates 

authorized under Article 6686(b), Vernon's 

Civil Statutes be issued to automobile and 

truck dealers of Texas for the purpose of 

transporting new vehicles from the manufacturer or any other point of origin to 

their places of business or any other points 

of destination in Texas? 

"2. May these drive-a-way in-transit license plates 

be used to transport and deliver new trailers 

and mobile homes? 

" 3 . May these drive-a-way in-transit license plates 

be issued to persons, firms, or corporations 

who are not residents of Texas and have no 

business establishments in this State?" 

The paragraph presently constituting Section (b) was 

added to Article 6686, Vernon's Civil Statutes, in 1939 by 

the adoption of H.B. No. 794, Acts of the Forty-sixth Legislature, Chapter 5, page 613. It has remained unchanged since 

enactment. Prior to this addition, Article 6686 related only 

to dealers and manufacturers and contained no provision authorizing the transportation and delivery of motor vehicles by 

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. . 

Mr. J.C. Dingwall, Page 2, (M-292) 

means of driving or towing over the public highways of 

this State by one not a dealer or manufacturer without 

proper and separate registration of each vehicle. Attorney 

General's Opinion No. V-179 (1947). The purpose for Section 

(b) is clearly stated in the emergency clause of H.B. No. 

794, which reads, in part, as follows: 

"The fact that the present law regulates only 

automobile dealers bringing new vehicles into the 

State, and the further fact that there are many 

motor vehicles brought into the State of Texas 

over its public highways by drive-a-way operators 

who are not licensed under the present law, create 

an emergency and an imperative public necessity. . ." 

Section (a) of Article 6686 authorizes the issuance of 

dealer's and manufacturer's license plates for unregistered 

motor vehicles, motorcycles, house trailers, trailers, and 

semitrailers. Said Section (a) provides for road testing of 

new vehicles by duly licensed manufacturers and provides for 

the transportation and conveyance of unregistered vehicles by 

a licensed dealer within.this State, including the moving of 

such vehicles from the state line to the dealer's place of 

business. 

It is the opinion of this office that Section (b) of 

Article 6686 was intended to regulate & those engaged in 

business as drive-a-way operators who are not otherwise regulated or licensed to transport or deliver new unregistered 

vehicles and that Section (a) thereof was intended to,regulate 

and provide for the transportation and conveyance of unregistered vehicles upon the highways of this State by duly 

licensed manufacturers or dealers. Therefore, we answer 

your first question in the negative. 

In reply to your second question, it is the opinion of 

this office that Section (b)'of Article 6686 was intended 

to regulate the transportation or delivery of new vehicles 

under their own power by drive-a-way operators utilizing 

pmount the saddle mount method, the tow bar 

method, or any other combination thereof. 

The caption of H.B. No. 794 refers to motor vehicles 

in the following language: 

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Mr. J.C. Dingwall, Page 3, (M-292) 

II 

. . . providing for the issuance of in-transit 

permits by the State Highway Commission to any person, firm or corporation engaged in and using the 

drive-a-way system of transporting motor vehicles 

under their own power; . . -" (Emphasis added). 

Section (b) refers specifically to the enumerated methods by 

which drive-a-way operators may transport or deliver new 

vehicles under their own power. It explicitly requires that 

the operator's general distinguishing number be carried 

and displayed by each motor vehicle, and it further provides 

a penalty for the failure or refusal of such an operator to 

make proper application to so transport new motor vehicles 

under their own power. The emergency clause of H.B. No. 794 

particularly speaks of "motor vehicles brought into the 

State of Texas. . .by drive-a-way operators. . ." who were 

not previously regulated or licensed under the law. 

It follows, therefore, that such drive-a-way in-transit 

license plates were not intended for use on vehicles incapable 

of self-propulsion, such as trailers or mobile homes, and we 

must answer your second question in the negative. 

Answering your third question , we first observe that 

Section (a) of Article 6686 requires that a dealer be customarily engaged in the business of buying, selling, or exchanging vehicles at an established and permanent place of 

business and that a manufacturer must manufacture or assemble 

new vehicles in this State to qualify for a license as provided thereunder. 

Section (b) merely requires that the in-transit operator engage in the business of transporting and deliv;;:;: 

new vehicles by the enumerated methods in this State. 

are no specific requirements that such an operator be a 

resident of this State or that he maintain a business establishment in this State to qualify for a drive-a-way license; 

consequently, we answer your third question in the affirmative. 

We call your attention to the fact that Article 6686 is 

a vehicle registration statute only and this opinion is not 

intended to construe or interpret the regulation of traffic 

for compensation or hire or any of the other laws of this State. 

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Mr. J.C. Dingwall, Page 4, (M-292) 

SUMMARY 

Section (b) of Article 6686, V.C.S. was 

intended to regulate only those engaged in 

business as drive-a-way operators and not 

automobile and truck dealers who are regulated and licensed under Section (a) thereof. 

Section (b) of Article 6686, was intended 

to regulate the transporation of new vehicles 

under their own power by drive-a-way operators 

utilizing the enumerated methods. Each vehicle 

so transported must be capable of self-propulsion, 

and such drive-a-way in-transit license plates 

could not be used to transport and deliver new 

trailers and mobile homes. 

There are no specific requirements that an 

in-transit operator be a resident of this State 

or maintain a business establishment in this 

State to qualify for issuance of drive-a-way 

in-transit license plates as provided in Section 

(b) of Article 6686. 

Prepared by Monroe 

Assistant Attorney 

APPROVED: 

Clayton 

General 

ney General of Texas 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

Scott Garrison 

Jack Goodman 

Richard Chote 

Sob Lattimore 

STAFF LEGAL ASSISTANT 

A.J. Carubbi, Jr. 

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