May 20, 1939

Honorable Jack Borden County Attorney Weatherford, Texas

Oear Sir: Opinion No. O-805. R0: Errect or registration Ofmcfor bushaving four wheels andwith gross weight exceeding 22,000 pounds.

We are Inreceipt or your letter orKay 11, 1939,wherein you request our opinion in r8SpOnB8 to the r0iiwing question:

*Where aCounty TaxCollector **regis** ters amotor vehicle, having rourwheels, with a grossweight, inoluding load, eXC88ding twenty-two thouaand pOUndB (22,000 lbs.), inviolation or therirat cited Btatute, is the Department ofPubllo Safety required to give a presumption of validity to auoh registration and be precluded from enforcing the provisions 0r the Statutearelatlngto failure toproperly registsr, or is It, or some other Department or agency of the State, required tomake arrests and fl,leoomplaints despite such unlawful registration, by the Highway Department throu(gh&e County Tax AaaessorCollector?"

In your letter you do not advise whether the motor vehicle inwhich you are interested isa connuercial motor vehicle or amotor bus, orwhether or not the license receipt issued shows that the grossweight or the vehicle is inexcess of 22,OOO pounds. However, your Representative, Mr. Delmar King, advises that you have reference to amotor bus and that the license receipt showa that the gross wei&ht of the same exceeds 22,000 pounds.Honorable Jack Borden, &y 20, 1939, Page 2

riX8S the Article 6675a-6, Revised Civil Statutes,

annual license fee ror the registration or co~8rCial motor vehicles and truck-tractors based upon the grossweight and tire equipment of thevehicle. A part of the abOV8 Arti reads as follOwS:

"The t8I7tIgross **Weight** as used in this section shallmean the actualweight or the vehicle fully equiped with body and other equpment, as certified by any orricial publibweigher orany lioensa andweight inspector or the State Sighway Department, plus its net oarrying capacity. Vet carrying capacity' 0r anyv8hiC!l8eXC8pt abus as US8d in this Section ahall b8 theweight ot the h8aVi8Bt net load to be carried on the vehicle being registered; provided said net carrying capacity shall inno case be less than themanufacturer*s rated Carrying capacity. 'Thenet carrying capacity of abuB a8 deiined in thisAat (Arts. 6675a-l to 66758-14; ?. C:Art. 870a.)shall be computed bymuL.tipZyingits seating capacity by 150 pounds. The seating capacity of any such vehicle **shall** be themanufacturer's rated seating capacity exclusive of thedriver's
or op8ratorfa seat. The seating capaoity ofany such vehicle not rated by the manufacturer shall be determined by allowi=
one passenger ror eaah alxteen Inches that such Vehicle Will aeat, eXO1USiV8 Or the driver's or operator's seat.'"

Article 6675a-8, makes similar prOVi8iOns reh tive to trailers and semi-trailers. Art&Z18 6675a-6a then provides that the annuaZ&.licenserees ror the registration of motor busses shall be based upon the **groea** weight of the Vehicle, and then proceeds to **Bet** rorth...

Honorable Jack Bordon, May 20, 1939, Page 3

the schedule Or the fe8S for such V8hiOleS Of respectiv8Weights.

lows: Article 6675a-8b provides, inpart, a8 tol-

"Provided that no vehicle shall be registered with fourwheels, or less,whose **grOBS** weight, including load, exceeds 22,000 pounds; that novehiole shall be registered with sixwheels, whose gross Weight, including load, 8xC88dB 30,000 pounds; (axlesof the latter 

### type to beqaced not less then 40 inches apart."

While the Btatutea aontain no express proviSiOnB that the gross W8ight'Of amotor bus shall be its actual weight plus its net carrying capacity, we think that under a reasonable construction Or the foregoing articles snchwould be true. Article 827a, Section 5a, Penal Code, **pmVid8S** that upon application for r8giStration of any commercial motor vehicle, truok-tractor, trailer or semi-trailer, the applicant shall furnish his affidavit showing the **Weight** Of the Vehicle and fUl%hBr provides that a Copy Of the receipt iSSUed shall show theWeight and that 

### such copy shall b8 carried on theVehicle at all times that Sam8 ison the public highway. It is further provided that the afridavit or a certified copy thereof may be admitted in evidence and shall be prima tacie evidence ofthe weight thereof. However, we find no such provision relative to theregistration ofmotor busses.



### It is dirricmi to understand rrom your question justwhat iniormation you need. Manifestly the tax collector could not by isaulng a license receipt ror use in connection with amotor busvdxichiB not entitled to be registered estop the State rrcm enforcing its laws relative to the operation of suchmotor bUBS8S.

In the 

### case of Opp vs. State, 94 S. 'G.(2nd) 180, the defendant had registered his automobile ina county other than that of his residence. **He**WaB prOSeCUt8d ror operating an automobile without a license. Conviction
was sutained.fiOnOrabl8Jack Bordon, May 20, 1939, Page 4

Neither the Department Of Public Safety nor any otherpeace OfriO8rwould be precluded irom.8niorcing the provisions Of the statutes relating to lailur8 to properly register merely by the issuance of a license I-88 receipt under the CirCUmStsIE8B Outlined byyou. We cannot answer the remaining part of yOUr inqulrg, since the question as towhether the kublic Safety Department or any other agency Ofthe State would be "reqUir8d" tomFtk8 arrests and file complaints, would depend upon the facts within theknowledge Or the enforcing agency andthe proofwhich would be available in the prosecution of any euch complaint.

Yours very truly

ATTORNEY GENEZULOF TEXAS

Glenn R. L8wie Assistant

GRL:FG

AI'PROVED:

ATTORNEYGEMERALOFTEXAS