THEATTORNEY GENERAL 

PRICE DANIEL 

ATTORNEY GENERAL 

AUSTIN ~~.TEKAS 

April S; 1947 

Hon. Roy A. Jones 

County Attorney 

Cottle County 

Paducah, Texas 

Dear Sir: 

Opinion No. V-130 

Re: ‘Whether the 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, who is.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 who is operating his own 

pickup truck and carrying only his toolsand 

an assortment of aecissories ,n6cesear to 

carry on his ooenpation required to o t 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. 

” 

. . 0 
Hon. Roy A, Jones - Page 2, V-130 

“(1) ’ Driver. 8 erson who drives, or 

is in actual physical 

Every 

contra f of a vehicle. 

“(Ia) ‘Operator. 

a chauffeur.or commer 

1 Every person, other than 

,&al operator, who is in, 

,adtual physical control of a motor vehicle upon 

a highway. 

“in) t Commercial Operator. t Every person 

who is 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) No person, ercopt those hereinafter expressly exempted, @hall drive any motor vrbicle 

uppn a 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) Any person 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 may be transported. Bass 

Drilling 

1 

Company 1. RP 101 F. (2d) 316 (C. 0. A., 

purpoie 

By its actua d’ 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 veh f 

e used refers to 

cl6 vdeelgned or 

used for the transportation of property”, and “while 
Hon. Roy A. 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 or not a articular driver of a 

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 WCemmercial Operator* when such 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 

own prcperty. 

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 OF TEXAS 

ATl!ORNEY GENERAL 

CDM:jt :jm 

Charles D. Mathewr 

Aasiatant