Case Information

*1 Honorable Fred V. Meredith County Attorney

xauupmul Couaty

Kaufman, Texas

Dear S$rt opinion lo. O-7406

Rer Whether driver of pick-up truck oa highway is required to have oomsroial opemtor' s license; and related question.

This is in reply to your letter of Septenbs 4, 1946, requesting our opinion on the questions presented therein, based upon the following state of facts.

A ma living in Terrell, Texas, borrowed a friend's pick-up (&-ton truck) and drove it to Dallas to a show. On the way home he was stopped as he passed through the City of Formy by the officers, and tm complaints wcrc filed against him. He was charged with driving a.onmneroial vehiole without having a cmmroial operator's lioense, and in additicm, was charged with filure to hams with the vehicle a oopy of his lioease receipt. He had an operator's license mdwas not using the truck for oomseroial purposes.

For the sake of clarity, we wFl1 m-phrase your quertims.to state the problems which seem to be presented by the fasts given md your brief thereon, and answer each in turn:

1. ,Is a person who is operating a pick-up truck on the highways of this State as a passenger vehiole for his own use only, and not for hire, required to haw a oommeroial operator's license while so operating such truck?

Article 6667b, Sec. Z(a), Vamonls Annotated civil Statutes of Texas, provides8

"Iv0 person, except those hereinafter expressly exempted, shall drive any motor vehicle upon a highway in this State unless such person has a valid license as an operator, a ccmmeroial operator, or a chauffeur under the provisions of this Act.”

Section l(n) of said Art3010 defines a 'cmmroial operator" as "every person who is the driver of a motor vehicle designed or used-for *2 %n. Frod V. Slersdith .- Page 2 (o-7408)

the transportBtion of property, including all vehicles Used for delivery purposes, while said vehicle is being used for ocmmeroial or delivery purposes." (emphasis ours) 'Ihe underlined phrase qualifies and limits the statutory.definition of "commercial operator," and the evident intent of the stathte is to require the operatof of an$motor vehicle to be 1loen:;sd as a commercial operator only wham such vehicle is actually being used at that time for the purpose of transporting property.

[70] therefore answer the first question in the negative.

2. Is the operator of a pick-up truck upon the highways of this State required to carry in such truck or on his perso&, at all times, a copy of the current registration license receipt issued for said truck, regardless of whether it is being used for a ocmmercial purpose? 6675a-2, V.A.C.S., requims the owner of every motor vehicle Article

used or to ta used upon the publio highways to apply each year for the rsg- istration of such motor vehicle, with oertain exceptions not neoessary to be noted here.

Article 627a, Sec. 5a, Vernon’s Annotated Penal Code, provides: "Upon application for registration of any commerolalmotor vehicle, truck tractor, trailer or semi-trailer, the appllcsnt shall deliver to the Tax Collector, or one of his duly author!sed deputies, an affidavit, duly sworn to before an offioer l uthorlssd to administer oaths, showing the weight of arid vahiolr, the muimrrn load to be transported thereon, md the total gross weight for which s aid vehi- ale is to be registered: which affidavit shall bs kept on file by ths Colleotor. The license roooipt iasuod to tho l pplioant shall also show said total gross weight for which raid whlols 18 rogirtorad. A copy of arid receipt shall be arrird at all tlmrr on my suoh vohlolo whiles amo is upon the pub110 highway.

“The copy of the rogirtration lioensr rewipt above rsquirsd ahall be aWssiUo in evidenoo in any cause ia which the gross rsgiator- od weight of such vohiols II an irsur, and shall be prlnu faolr evidence of the gross wsight for nhiah such nhiolr is rsgirtrrad. Such copy of the roglrtratica lioeasr rowipt shall bs dirplayod to l v officer l uthorlzod to rnforoe thir lbt, upon rrquert w such officer.

sTho driver, omsr, operator, or other prron operating or driving ouch vrhiols, falling to comply with this provision of this Aot, shall te guilty of a misdsmaanor and u n conviotion shall be fined in any ~WKI not exoeoding Two Hundred ( r 200,OO) Dollars. AB upended Acts 1941. 47th Leg., p. 144, oh. 110, 1 12.”

.

??onorable Fed V. Meredith - Page 3 (O-7406)

It is therefore our opinion that ths driver of a pick-up truck is required to carry in said truck a copy of the curmmt registration license receipt issued for such truck at all times while saidtru& is upon the public highway. Carrying such rsooipt upon his person will answer the requirement of the statute while the drinker is in the truck.

Your8 very truly A'ITORNEYGENERAL OFTEXAS By /s/W. R. Ulea H-R. Allen Assistant APPROIIED SEP 26, 1946 /s/Grover Sollors

ATTORlEYGENETR4LQFTEXAS AFPRovBD

VfPA:LJ,egn Opinion Camnittoe ByBWB Chainnan