### THEATTORNEY GENERAL

PRICE DANIEL ATTORNEYGENERAL AUSTIN ~~.TEKAS April S; 1947
Hon. Roy

### A.Jones County Attorney Cottle County Paducah, Texas

Dear Sir: Opinion No. V-130 Re: ‘Whetherthe operator of a pickup truck used in transporting the tools and accessories of his trade ie required to have a Commerqial Operator’ e license under Article 6667%; v. c. 9.
Your letter of March 17, 1947, requeeting an opinion reads as fo&lows:

“Article 6687b, Section l(n) of the Civil Statutes of Texas defines a Commercial Operator as ‘every person, whois.the driver of a motor vehicle .designed or ueed for the transportation of property, including all vehicles used for delivery purposes, while said vehicle is being used for commercial or delfvery purposes.’% a plumber whois operating his own pickup truck and carrying only his toolsand an assortment of aecissories ,n6cesear to carry on his ooenpation required to t o tain a COIWWCI~L.

Operator’s License or, may he operate the said truck with only an Operator’s Licens81n Ar&le 66@b-1, Vernon’,.a OiVQ ,:&atutes, provides, in part, as follow8,:

WIT follf.Mxag words and phraris when ui6d in this Act shall, for the purpose of this Act shave the meanings respectively ascribed to them in this title. ”

. . 0Hon. RoyA, Jones - Page 2, V-130



### “(1) ’Driver. 8 erson whodrives, or is in actual physical Every contra f of a vehicle.

“(Ia) ‘Operator. a chauffeur.or commer1 Every person, other than ,&al operator, whois in, ,adtual physical control of a motor vehicle upon a highway.

“in) tCommercial Operator. t Every person whois the driver of a motor vehicle designed or used far the transportation of property, in-, eluding all vehicles used for delivery purposes, while said vehicle is being used for commercial or delivery purposes. A ”

. . . Article 6687b-2 Verncncs Civil Statutes, provides, in part, as foliows:

“(a) Noperson, ercopt those hereinafter expressly exempted, @hall drive any motor vrbicle uppna highway in this State unlem such person has a valid license aa an o~perater, a commercial operater, or a crhauffsur under the provioions of this aot. l’(b) Anyperson holding a valid chauffeur’s or commercial operator’s license hereunder need. not procure an operator’s licenei.
n

. . *” A pickup truck is a motor vehicle upon which or by which property is,or maybe transported. Bass Drilling 1 

### Company1. RP 101 F. (2d) 316 (C. 0. A., purpoie Byits actuad’ esign it is to be used for the

of transporting articles of Property. Under the facts stated, the pickup truck in question is actually being used by the owner and operator to transport the plumbing tools and accessories necesearyto the proseeutien of his trade as a plumber. Such teels and acceerorles are articles of preperty. n~o~er~ia~~p~~~~o~;ss~F~o~~%~~ ~,heS%WfPn”)“~f ’ Article 6667b’ V. C. S the langua a person who 1s drivini’a motor vehfe used refers to cl6 vdeelgned or used for the transportation of property”, and “whileHon. RoyA. Jones - Page 3, V-130

said vehicle is being used for commercial or delivery purposes." It is apparent from this language that in determining whether 

### ornot a articular driver 

### ofa motor vehicle is required to E e licensed as a "Commercial Operatorn the testte be applied is the use to which the vehicle is being put. This is the rule hcretofere announced in our Opinion O-3936 on December 19; 1941, and followed in inion O-n49 dated ' Maz612, 1945, and Ovinion O-7 , dated Septimber 26,

. The evident intent of the legislature as expressed in the words of the statute is to require the driver or eperater ef a metor vahicie to be licensed as R WCemmercialOperator* whensuch vehicle is actually being used at the time for the purpose of transpertiag property. There is no requirement in the statute that the transportation of the property must be for cempensation or hire; nor is there any statutery exemption in favor ef a person merely because he is transporting his ownprcperty.

Applying the test herein statedto the facts under consideration, it is our opinion that the wner and driver of the vehicle in question is required to obtain a "Commercial Operator161icense. SUMMARY The owner and driver of a pickup truck, which is used in transporting his plumbing tools and an assortment of accessories necessary to his trade as a,plumber is required under Article 6687b-l(n) V.~C. A., to be licensed as a Wemmercial dperator=. Yours very truly ATTORNEY

GENERAL

OFTEXAS

ATl!ORNEY

GENERAL CDM:jt:jm Charles D. Mathewr Aasiatant