225 S.W.2d 121 | Ky. Ct. App. | 1949
Affirming.
Burwell K. Marshall brought this action to enjoin the Commissioner of Highways and the Director of the Highway Patrol from interfering with him in the operation on the highways of a small four-wheel, rubber-tired wagon attached behind his passenger automobile. The trial judge overruled appellants' general demurrer, they refused to plead further and the court granted the prayer of the petition and enjoined appellants.
The sole question for our determination is whether or not the small wagon which was designed to be pulled behind an ordinary passenger automobile comes within the inhibition of our statute forbidding a trailer or semi-trailer to be pulled behind a truck or truck-tractor *661 on our highways without a license. A decision of the question involves a construction of the statutes.
It is provided in KRS
Subsection 3 thereof reads: " 'Motor truck' means any motor-propelled vehicle designed for carrying freight or merchandise. It shall not include self-propelled vehicles designed primarily for passenger transportation, but equipped with frames, racks or bodies having a load capacity of not exceeding one thousand pounds."
Subsection 5 thereof reads: " 'Semi-trailer' means a vehicle designed to be attached to, and having its front end supported by, a motor truck or truck tractor, intended for the carrying of freight or merchandise and having a load capacity of over one thousand pounds."
Subsection 10 thereof reads: " 'Trailer' means any vehicle designed to be drawn by a motor truck or truck-tractor, but supported wholly upon its own wheels, intended for the carriage of freight or merchandise, and having a load capacity of over one thousand pounds."
Appellants insist that when appellee attached this four-wheel vehicle behind his passenger car and operated same on the highway, his automobile became a motor truck, or truck-tractor propelling a trailer or semi-trailer as defined in subsections 5 and 10 in KRS
It is patent this wagon is not a semi-trailer as defined in subsection 5 of KRS
This little farm wagon has a capacity of over one thousand pounds of freight or merchandise, therefore, under KRS
By the process of elimination appellee's automobile must be classified as a truck-tractor if a license is to be required of him in the operation of his wagon.
We find no definition of a truck-tractor, but even a child knows it is a large, high-powered truck designed solely for the purpose of pulling heavy loads in a trailer or semi-trailer attached to it. If appellee's automobile cannot be classified as a truck under
Whether intentionally or unintentionally the General Assembly did not provide for the licensing of small, four-wheel rubbed-tired farm wagons pulled behind passenger cars. It is said in brief for appellee that a bill was introduced in the House during the 1948 session providing for licensing and regulating all such trailers and it was "turned down cold." Be that as it may, there is no statute providing for licensing or regulating such vehicles.
The right to use a public highway is not absolute and unconditional, but is subject to reasonable regulation by the General Assembly within constitutional limitations. Certainly, officers have no right to impose regulations or limitations upon the usual and customary use of public highways. Winston
Co. v. Clark County,
The judgment is affirmed.