Case Information
*1 April 19, 1939 Hon. D. Richard Voges
County Attorney
Wilson County..
"Florea~il~~,'Texas::
DearSlr: Opinion No. W%Q~.
Re: Use of farm registration license &xI.regiatretlon of a truck used only for pouez,~purposes.% .' ~:~~Your:request for. an oplnfonas towhe$d.mr:the owner--- ~oS~l~~e~tock:.tr~spo~ted:~to~vaFious~:pla~es~ for b~ee&lng pm- .psises ~a~ent~tleid~:toipsec'a ftirmliaense-.on:the rtru&k-uaed in
auch~Instances~:tias been .recelved..bg'thie-department..i'~ .i_~,
Artlale 66~5a+6a~&mfddes in pa@ as- Soll~&: 'When'~a~comme~clcrl~moto~~~~vehicle:so~ht to .be regfstered arid- used:by the. owner ~thereof-:onlr in the transportatl~on .uf 'his own:poultrp, !daie; live&ock, ati. farm products to market, ‘or to ~., other poLnts forsale: or for sale or processing, or the transportation by the ownerthereof of * laborers from their place of residence, and mater-
ia3s, tools, equipment and supplies, without charge, from the place of purchase or storage, to. his own farm or ranch, exclusively for his own use or ,use one such'Sarm the registration license See, Sor the we&ht classifications herein mentioned, shall be fifty per cent (50%) of the reglstratlon See,prescribed for weight classlflcat.lons in:Seo- tlon.6, (Art. 6675a-6), of the Act hereby amended."
In drafting the'above statute~the Legislature, obvl- ~ously could not set forth all the many Sact situations which might arise that would entitle the owner of said vehicle to the exemption prescribed In this article. We believe that It wasthe intention of the Legislature to help the farmer by lessening the burden of operating an automobile or other vehicle when It was used solely to supplement other earnlngs.of and from the farm. We think that they Intended that the truck might be used for such purposes as were necessary or lncideh- tal to the operation of said farm and the raising or breeding OS livestock Is certainly a purpose Incidental and Rr,obably *2 Hon. D. Richard Voges, April 19, 1939, Page 2 o-607 necessary to the successful'operation and maintenance 6f a farm.
Based up6n our opinion of the Intention of the-Leg- islature in passing this statute, we are unwilling to say that the farmer who owns livestock used for breeding purposes and without additional charge conveys such llvestock to the places of breeding Is not entitled to operate the vehicle used in transportation of these animals under a farm license or per- mit. We desire to qualify this statement by saying that the use of the farm truck~for hauling such livestock must be an occasional use for that purpose. In our opinion a truck used to any great extent for that purpose is not such a, truck or .~ use as was Intended by the Legislature to be exempt from com- mercial registration.
As to your question, if the operator of a truck used only for power In the drilling of wells, but moved from places of operation under Its own power lqqst be registered. As the facts relgte In your letter this truck Is use6 upon the public huhways of this state,.and,if that .be true we find nothing in.the-statutes that would exempt the owner ore o;perator there- of from,havlng a license upon this truck. You are, therefore, advised that under our statutes If the truck is used on the public highways of this state, It must be registered.
It Ls the opinion of this department that the farmer may transport his livestock .ln a',truck operated with a farm license to the places of breeding if the truck is otherwise used only for farm purposes. You ape also advised that the truck used for power In drilling wells If It Is also used on the public highways of this state, must be registered as Is provided by the law.
Yours very truly ATTORNEY GENERAL OF TEXAS .Nii:omb:wc By s/Morris Hodges Morris Hodges Assistant APPROVED: s/Qerald 6. tiM
ATTOlWEYGENERALOF TEXAS