Case Information
*1 THEA~ORNEY GENERAL OFTEXAS
Honorable Pat Beene
County Attorney
Andrew5 County Andre;qs, Texas
Dear Sir: $inion No. O-6925
: Registration of trucks which are operated on a road in the process of construction under facts given.
We are in receipt of your letter of recent date re- questing the opinion of this department on the above stated matter. We quote from your let-ter as follows:
We h:ive several gravel dump trucks oper- ating on a construction job, such construction being that of 7 new hicchway. The trucks carry gravel from a pit up on to the sub-grade, cut do not haul on .ny portiiin of a completed and opened iiighway.
"Such trucks are resistered for their weight empty. Is it ;lecessary under the laws of the State of Texas that such trucks be registered for the weir,ht which they c.arry loaded?
"1s a road that is in the process of being constructed deemed a public hi~:hway under Article 6675a-1, subsection (I!)?'"
In the absence of certain necessary information relative to the hi;,;hway construction job referred to in your letter, 2nd in view of the urgency of your request, we have secured t,he i'ollowing information from the State iiighway De- partment concernin,? construction work now in pro,gress on a *2 Honorable Pat Been,, page 2 0-6925
state designated highway in Andrews County:
(1) The State Highway Department is now sponsor-
ing a project in Andrews County for grading, culverts, flexible base and asphalt sur- facing of a "Ranch tc Market" road, from a oint of 16.85 miles west of Andrews to the New i exico state line, a distance of 14.738 miles, Said project is a Federal Aid project, desig- (2) nated as F. A. 5. 194-A(1). The right of way of the above mentioned con-
(3) struction project is 120 feet in width, and
the right of way of a county road which has been in use for many years is included within the 120' right of way of the above mentioned project. The highway, upon which above men- tioned construction is in progress, follows the route of the above mentioned county road for the entire leng~th of the project and con- nects with a New l"lexico highway at the state line. Said road upon which the State HiD;hway Depart-
(4) ment is now making the aforementibned improve- ments was designated as a State Highway by the State Highway Commission on August 22, 1945. (State Highway Commission Minute No. 21382). The road has not been closed to public travel
(5) and is open to public traffic at this time,
even though construction work is now in progress.
Article 6657a-2, Vernon's Annotated Civil Statutes, in part provides:
"Every owner of a motor vehicle, trailer or semi- trailer used or to be used upon the public hiphways of t& State shall apply each year to the State Highway Department through the County Tax Collector of the county in which he resides for the registration of each such vehicle owned or controlled by him for the ensuing or cuErent calendar year or unexpired portion thereof; l . .
4-
Honorable Pat Baene,plge 3 O-6925
Art. 6675a-6, V. A. C. S., provides;
"The annual license fee for the registration of a commercial motor vehicle or truck tractor shall be based upon the gross weight and tire equipment of the vehicle as follows:
,I . . .
"The term 'gross weight' as used in this section shall mean the actual weight of the vehicle fully equipped with body, and other equipment, as certified by any Official Public Yleigher or any License and Weight Inspector of the State Hi,ghway Department, plus its net carrying capacity. 'Net carrying capacity' of any vehicle except a bus, as used in this section, shall be the weight of the heaviest net load to be carried on the vehicle being registered; provided said net carrying capacity shall Ian no case be less than the manufacturergs rated carrying capacity. . .I'
Art. 6675a-1, subsection (m), V. A. C. S., provides:
I1 'Public highway' shall include any road, street, way, thoroughfare or bridge in this State not priva~tely owned or controlled for the use of vehicles over which the State has le~~islhtive jurisdiction under its police power."
When a road has been used i'or Public travel as a county road for many years, is now designate6 AS a State Highway, and even though certain construction work is now in progress, said road has not been closed to traffic and is now open to public travel, it is our opinion that said road is a public highway within the plain meaning of Article 6675a-2, subsection (m), supra.
If the construction job referred to in vour letter is on the State highwav west of Hndre~:Js to the New lviexico line, herein- above-described, in view of the foregoing, ,it'is our.opinion‘ that said highway is-arpublic,hifhway:under the provisions of Article 6657a-a, subsection (ml,. ~Tt:i~s therefore our, further ,' ol!inion that when trucks:.operate on any partion of ~such.public highway, such trucks should be registered for "gross weight," in accordance with the provisions of Article 6675a-6, suprae *4 Honorable Pat beene, page 4 O-6925
We trust that the above and foregoing satisfactorily answers your inquiry.
Yours very truly, ATTORNEY GENERAL OF TEXAS J. A. Ellis BY Assistant JAE:pam
APPROVED NOV 10, 1945
Carlos C. Ashley
First Assistant Attorney General
APPROVED OPINION COMidITTEE
BY BWB, CHAIRMAN