## THEATTORNEYGENEFCAL OF XAS

AUSTIN 11. TEXAS April 9, 1962

Hon. Doyle J. Borchers OpinionNo. WW-1297 County Attorney Bosque County Re: Whether operating a twoMeridian, Texas wheel farm trailer,under 4000 pounds, upon the highwayswithout a tail light and under the facts submitted,violates Article 6701d,V.C.S.; and whether said trailer is subject to Dear Mr. Borchers: registration?

Your request for an opinionsets forth the following facts:
"A farmerwas the owner of a twowheel farm trailerwith a gross weight not exceeding 4000 pounds. Said trailer was being towed at night, between the hours of one-half hour after sunset and one-half hour before sunrise, and was being used to transport two horses to a. 'horse-show'at theMeridian Riding Club facilities, from the farmer's farm, over the public highway. The trailerwas only equippedwith red reflectors on the rear. The farmerwas stoppedby a Texas highway patrolman and given a ticket for failing to have a tail light on said trailer. The horse show at Meridian was a sporting and/or an entertainment event." Section 108(c) of Article 6701d,V.C.S., makes it a misdemeanor for any person to drive or move any vehicle or combination of vehicleswhich is in an unsafe condition as to endanger any person or is not at all times equipped with such lamps and other equipment as requiredby Article XIV of the Uniform Act Regulating Traffic on Highways. Subsection (c) of Section 108 provides, however, as follows:

"The provisions of this Articlewith respect to equipment on vehicles shall not apply to implementsof husbandry, roadmachinery, raod rollers, or farmHon. Doyle J. Borchers Page 2 OpinionNo. WW-1297

tractors except as hereinmade applicable." Section Ill(a)(b)provides as follows: "Everymotor vehicle, trailer, semitrailer, and pole trailer, and any other vehiclewhich is being drawn at the end of a train of vehicles shallbe equipped with at least one tall lampmounted on the rear,which when lighted as hereinbefore reauired. shall emit a red light plainly visible-from a distance of five hundred (500) feet to the rear,provided that in the case of a trainof vehicles only the tail lamp on the rear-most vehicle need actuallybe seen from the distance specified. "(b)

. . .Any tail lamp or tail lamps, togetherwith separate lamp for illuminating the rear registrationplate, shallbe so wired as to be lightedwhenever the head lamps or auxiliary driving lamps are lighted." Section 122 of Article 6701(d),V.C.S., provides as follows: "All vehicles, includinganimal-drawn vehicles and including those referred to in Section 108(c)not herelnbefore specifically required,tobe equippedwith lamps, shall at the times specified in Section 109 hereof be equippedwith at least one lighted lamp or lantern exhibiting a white light visible from a distance offive hundred (500) feet to the front of such vehicle and with a lamp or lantern exhibiting a rehTight visible from a distance of five hundred (500) feet to the rear." The two-wheel trailer in question, therefore, falls within the provisions of Section Ill(a) or Section 122 of Article 6701(d),Vernon's Civil Statutes. If the trailer in question is an "im lement of husbandry" as that term is used in Section 108(c P it would be exempt from the provisions of Section Ill(a),but would fall within the provisions of Section 122.Hon. Doy1e.J. Borchers Page 

## 3 OpinionNo. W!.i-1297

Your opinion trailersin question on the'rear of said the trailerwas not 6701(d). request states that the two-wheel was equipped onlywith red reflectors trailer and, therefore, in our opinion equipped in conformitywith Article

Article 6675a-2,V.C.S., is the Texas Registration Law requiring the owner of a motor ,vehicle,trailer, or semi-trailer,used or to be used on the public highways of this State, to register such vehicle. The Act exempts "owners of farm tractors, farm trailers, and farm semitrailerswith,a gross weight not exceeding 4000 pounds

. . .operated and moved temporarilyupon the highways." Section (q) of Article 6675a-1, states as follows: "By 'operatedor moved temporarilyupon the highways' ismeant the operation or conveying between different farms, and the operation or conveyance from the owner's farm to the place where his farm produce is prepared for ilarket or where same is actuallymarketed and return."
Your letter states that the trailer describedwas being used to transporthorses to a "horse-show"at the Meridian Riding Club. If thiswas a~sporting and/or entertainmentevent, as.your letter states, the trailer would not be "operatedor moved temporarilyupon the highways" as that term is definedby Section (q) of Article 6675a-1.

House Bi.111082, Acts 57th Legislature,R.S. 1961, Chdpter 259, page 

## 554, amendedArticle 6675a-2, and provides in Sub-section (f) that the exemption shallnot apply to any farm trailer or farm semi-trailerwhich is not operated and e ui ed in conformitywith all other provisions of the fiction 2(q), as amended, reads as ~follows: "Any vehicle exempt from registration

under Subsection (b)hereof or from regular fees under Subsection (c)hereof and operated andmoved upon thepublic highways of this State in violation of this Section shallbe deemed to be operated or moved unregistered and shall immediately be subject to the regular registrationfees and penalties as prescribedby law."Hon. Doyle J. Borchers Page 4 OpinionNo. WW-1297

As noted previously in this opinion, Section Ill(a) of Article 6701d requires everymotor vehicle, trailer. or semi-trailer to be equippedwith a red tail light. The only exceptions to this are implements of husbandry, road machinery, road rollers, and farm tractors. Section 122 of Article 6701d requires thesevehicles to be equipped with a rear red lamp or lantern.

It is our opinion, therefore, that the trailer describedwas not equipped in compliancewith either Section Ill(a) or Section 122 of Article 6701d,V.C.S., andwas subject to immediate registrationand uenalties as nrovided by Section 2(q) of Article 6675a-2,V.C.S., as amended the 57th Legislature. 

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SUMMARY
A two-wheel farm trailerwith a gross weight not exceeding 4000 pounds, and being operated at night without a tail light, and being used to transporthorses to a sporting and/or entertainmentevent at which the animals are neitherprepared for market nor marketed is in violation of Article 6701-ld,V.C.S., and was subject to immediate registrationand penalties under Section 2(q) of Article 6675a-2,V.C.S.
Yours very truly,
WILL WILSON Attorney Genesal opxas

,MFS:sh APPROVED: OPINION COMMITTEE: W.V. Geppert, Chairman John Reeves Arthur Sandlin Vernon Teofan -Marvin F. Sentell Assistant

REVIEWED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee,Jr.