Case Information
*1 THEATTORNEY GENERAL AUSTIN ~~.TEKAS PRICE DANIEL ATTORNEY GENERAL April S; 1947 Hon. Roy A. Jones Opinion No. V-130 County Attorney Cottle County
Re: ‘Whether the operator of a pickup truck used in trans- Paducah, Texas
porting the tools and ac- cessories of his trade ie required to have a Commerqial Operator’ e license under Article 6667%; v. c. 9.
Dear Sir:
Your letter of March 17, 1947, requeeting an opinion reads as fo&lows:
“Article 6687b, Section l(n) of the Civil Statutes of Texas defines a Commercial Oper- ator as ‘every person, who is.the driver of a .designed or ueed for the trans- portation including all vehicles used for delivery purposes, while said vehicle is being used for commercial or delfvery pur- poses.’
% a plumber who is operating his own pickup truck and carrying only his toolsand an assortment of aecissories ,n6cesear t o tain a carry on his ooenpation required to COIWWCI~L. Operator’s License or, may he op- erate the said truck with only an Operator’s Licens81n
Ar&le 66@b-1, Vernon’,.a OiVQ ,:&atutes, pro- vides, in part, as follow8,: WIT follf.Mxag words and phraris when ui6d
this Act shall, for the purpose of this Act shave to them in this the meanings respectively ascribed title.
” . . 0
Hon. Roy A, Jones - Page 2, V-130
“(1) ’ Driver. 8 Every erson who drives, or is in actual physical contra f of a vehicle.
“(Ia) ‘Operator. 1 Every person, other than a chauffeur.or commer ,&al operator, who is in, ,adtual physical control of a motor vehicle upon a highway. t Commercial Operator. t Every person
“in) who is the driver of a motor vehicle designed or used far the transportation in-, eluding all vehicles used for delivery purposes, while said vehicle is being used for commercial or delivery purposes.
A ” . . . Article 6687b-2 Verncncs Civil Statutes, provides, in part, as foliows:
“(a) No person, ercopt those hereinafter ex- pressly exempted, @hall drive any motor vrbicle uppn a highway in this State unlem such person has a valid license aa an o~perater, a commercial operater, or a crhauffsur under the provioions of this aot.
l’(b) Any person holding a valid chauffeur’s or commercial operator’s license hereunder need. not procure an operator’s licenei.
n . . * ” A pickup truck is a motor vehicle upon which or by which property is,or may be transported. Bass Company 1. RP 101 F. (2d) 316 (C. 0. A., Drilling By its actua d’ esign it is to be used for the
1 purpoie of transporting articles of Property. Under the facts stated, the pickup truck is ac- tually being used by the owner and operator to trans- port the plumbing tools and accessories necesearyto of his trade as a plumber. Such teels the proseeutien and acceerorles are articles of preperty. n~o~er~ia~~p~~~~o~;ss~F~o~~%~~ ~,heS%WfPn”)“~f’ the langua e used refers Article 6667b’ V. C. S a person who 1s drivini’a motor veh f cl6 vdeelgned or used for the transportation of property”, and “while *3 Hon. Roy A. Jones - Page 3, V-130
said vehicle is being used for commercial or delivery purposes." It is apparent from this language that in determining whether or not a articular driver of a is required to E e licensed as a "Commer- cial Operatorn the testte be applied is the use to which the vehicle is being put. This is the rule hcretofere announced in our Opinion O-3936 on Decem- ber 19; 1941, and followed inion O-n49 dated ' Maz612, 1945, and Ovinion O-7 , dated Septimber 26,
.
The evident intent of the legislature as ex- pressed in the words of the statute is to require the driver or eperater ef a metor vahicie to be licensed as R WCemmercial Operator* when such vehicle is actually being used at the time for the purpose of transpertiag property. There is no requirement in the statute that the transportation of the property must be for cempen- sation or hire; nor is there any statutery exemption in favor ef a person merely because he is transporting his own prcperty.
Applying the test herein statedto the facts under consideration, it is our opinion that the wner and driver of the vehicle is required to obtain a "Commercial Operator161icense.
SUMMARY The owner and driver of a pickup truck, which is used in transporting his plumbing tools and an assortment of accessories nec- essary to his trade as a,plumber is required under Article 6687b-l(n) V.~C. A., to be li- censed as a Wemmercial dperator=.
Yours very truly ATTORNEY GENERAL OF TEXAS ATl!ORNEY GENERAL
Charles D. Mathewr Aasiatant CDM:jt :jm