Mr. J. H. Preston CountyAttorney Childresa,Texas
Attention:Mr. LeonardKing AssistantCountyAttorney
Dear Sir: opinionIVO.o&g8 Re: Whether bus leasedto motor carrier operatinga passengerservicebetween or throughincorporated citiesmust have motor bus registrationlicenseplates.
We acknowledgereceiptof the opinionrequestof July 9, 1945, by yam assistant,Mr. LeonardKing, readingas follows:
"W. E. Davis of Childressis the owner and operatorof a motor bus certificate authorizingmotor bus servicebetwean Childresaand the ChildressArmy Air Field, located approximately3 miles from Childress. The buses used in this operationare registeredon the baais of weight the sane as automobiles. In order to meet certainamergenciesBowen Motor Coachesdesiresto lease one of these buses for single trips from Childressto WichitaFalls to handle over loads. The tripswill be infrequentand the lease agreementwill be for single trips and complywith General Order Eo. 64 of the Texas RailroadComission governingthe leasingof motor buses.
"Question:Is it legal for W. E. Davis to lease one'ofhis buses to Bowan Motor Coaches,under the conditionsabove stated, without payingthe additionalregistrationfees and securing. the regularMotor Bus Plates on the buses proposedto be leased?"
Your questionis whether or not the motor bus leasedto Bowan Motor Coachesforise&rsiugletripafros Childressto Wichita Falls for over- loads must have motor bus registrationlicenseplates insteadof license plates issuadfor pessengarcars. This questionis answeredby Articles 6675a-1, 6675a-2,6675a-5and 6675a-k!e of Vernon'sAnnotatedCivil Statutes.Largerregistrationfees are providedfor motor buses under Article 6675a-8ethan are providedfor passengervehiclesunder Article 6675a-5. It is providedin Section(n) of Article6675a-1,that: Mr.-J. H. Preston,Page #2 (O-6698)
"'MotorBus' shall inclndeevery vehicleexcept those operatedby muscalarpower or exclusivelyon stationary rails or tracks,which is used in transportingpersonabetween or throughtwo or more incorporatedcitiesand/or towns and /or villagesfor compensation(or hire) whether operatedover fixed routes or otherwise;except such of said vehiclesas are operatedexclusivelywithin the limitsof incorporated citiesand/or towns or suburbanadditionsto such towns."
Mr. Davis, accordingto your statement,is now operatinghis motor buses with passengerlicenseplatesbecausehis bus service is betweenChildress and the ChildressArmy Air Field and he is not "transportingpersons between or throughtwo or moreirmorporated citiesand/or towns and/or villages"within the maaningof the definition of "motorbus" as used in the registrationstatutes. When one of Mr. Davis' buses is leasedto Bowen and used in trips betweenChildreosand Wichita Fells it & "used in transportingpersonabetweenor throughtwo or more Incorporatedcities and/ or towns"and must have motor bus regi8trationlicenseplates attachedthereto. These plates are the ones obtainedfrom the State HighwayDepartmentthroughyour local CountyTax Collector. We assume that Mr. Datis alreadyhas the identification plates issuedby the RailroadCommissionand providedfor by Section11-A,Articleglla, Vernon'sAnnotatedCivil Statutes.
Trustingthat the foregoinganswersyour inquiry,we are.
Yours very truly,
s/ Fagen Dickson
BY Fagan Dickson Assistant
ldw
APPROVEDJCIX 24, lg45 APPROVED s/ Carlos C. Ashley OPII-UCW FIRST ASSISTANT COMMITrEE ATTORKEPCEWEDAL BY /II/G. W. CHAIRMAR