## TIE ATI'ORNEY GENERAL
OF-XAS Superseded by Opinicn Ph. :???2’ztiL ~w*wY”wu c. RLKmTlN AZISTIN, TEXAS 78711 *x-x-OHNEYCIENERAL &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 underArt. 6686(b),V.C.S., to new autos and trucks transported by dealers; to new trailer andmobile home transportaDear Mr. Dingwall: tion; and related question.

You request an official opinion of this office on the followingquestions:

"1. May the drive-a-way in-transit licenseplates authorized under Article 6686(b),Vernon's Civil Statutesbe issued to automobile and truck dealers of Texas for the purpose of transportingnew vehicles from themanufacturer 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 licenseplates be used to transport and deliver new trailers and mobile homes?
"3
. May these drive-a-way in-transit licenseplates be issued to persons, firms, or corporations who are not residents of Texas and have no business establishments in this State?" The paragraphpresently constituting Section (b)was added toArticle 6686, Vernon's Civil Statutes, in 1939by 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 transportationand 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 Stateby one not a dealer or manufacturerwithout 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 automobiledealers bringing new vehicles into the State, and the further fact that there aremany motor vehicles brought into the State of Texas over its public highways by drive-a-way operators who are not licensedunder the present law, create an emergency and an imperativepublic necessity.

. ." Section (a)of Article 6686 authorizes the issuance of dealer's and manufacturer's licenseplates for unregistered motor vehicles,motorcycles, house trailers, trailers, and semitrailers. Said Section (a)provides for road testing of new vehiclesby duly licensedmanufacturers and provides for the transportationand conveyance of unregisteredvehicles by a licenseddealerwithin.this State, including themoving 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 6686was intended to regulate & those engaged in business as drive-a-way operatorswho are not otherwise regulated or licensed to transport or deliver new unregistered vehicles and that Section (a) thereofwas intended to,regulate and provide for the transportationand conveyance of unregistered vehicles upon the highways of this State by duly licensedmanufacturers 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)'ofArticle 6686was intended to regulate the transportationor delivery of new vehicles under their own power by drive-a-way operators utilizing pmount the saddlemount method, the tow bar method, or any other combination thereof.

The caption of H.B. No. 794 refers tomotor vehicles in the following language:

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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 transportingmotor vehicles under their own power; . . -" (Emphasisadded). Section (b)refers specifically to the enumeratedmethods by which drive-a-way operatorsmay transport or deliver new vehicles under their own power. It explicitly requires that the operator's general distinguishingnumber be carried and displayedby eachmotor vehicle, and it furtherprovides 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 "motorvehiclesbrought into the State of Texas.
. .bydrive-a-way operators.
. ."who were not previously regulated or licensedunder the law.

It follows, therefore, that such drive-a-way in-transit licenseplates 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 manufacturermust manufacture or assemble new vehicles in this State to qualify for a license as provided thereunder.

Section (b)merely requires that the in-transitoperator engage in the business of transporting and deliv;;:;: new vehicles by the enumeratedmethods in this State. are no specific requirements that such an operatorbe 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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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 dealerswho are regulated and licensedunder Section (a)thereof. Section (b)of Article 6686,was intended to regulate the transporationof new vehicles under their own power by drive-a-way operators utilizing the enumeratedmethods. Each vehicle so transportedmust be capable of self-propulsion, and such drive-a-way in-transit licenseplates could not be used to transport and deliver new trailers and mobile homes. There are no specific requirements that an in-transit operatorbe a resident of this State or maintain a business establishment in this State to qualify for issuance of drive-a-way in-transit licenseplates 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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