We have received your recent request for an opinion, quoted as follows: “1 beg leave to ~advise that there Is a ” . . . ._ . .

citizen 01. cnis county operating nis ,passenger automobile on the state hlghways,of thfs section of the state, transporting and delivering mer- chandise therefrom to merchants only.

“1 have advised him that it is Illegal for him to thus use his passenger automobile, licensed as such, for the purposes of transporting and de- livering merchandise therefrom and that in order .for him to use or drive any ~motor vehicle lawfully for the purpose of transporting and delivering mer- chandise therefrom to merchants, that he must first have license as a ~Commerclal Operator’, as shown by paragraph (N) of the Texas Highway laws..

“Please advise me as to your construction of this law. May any one use lawfully his ~passenger automobile, as a vehicle for the transporting and delivering merchandise therefrom over the highways of this state, without first taking out a ‘Commer-~ cial Operators’ license?”

Article 6675-,(i), Vernon’s Annotated Civil Stat- utes defines a 81commerclal motor vehicle” as %ny motor vehi- cle [other than a motorcycle or passenger car) designed or used primarily for the transportation of p.roperty, including any passenger car which has been reconstructed so as to be used, and which is beina use& primarily for delivery purposes with the exception of passenger cars used in the delivery of ihe (underscoring added) United States mails.” *2 Hon. W. J. Townsend, page 2 (o-6349)

Art. 6687b, Ssctlon 1, (n) V.A.C.S. mercial operator” as ‘Ievery person w h o is the Arc% : iI%&

The said next above articles are Uin pari materiaw, and will any con&at therefore, be taken, read and construed together~ and

between their provisions will be harmonized, if See 39 Tex.Jur. 2% possible. Opinion No. 0-3936 holds

OUr in r ‘egard to a similar the test to be applied under the foregoi question that Is the use to which th 2 z%t- “iso; of a ,I;0 lmmercial operator” V We believe this test is also aoclicable to the einit mu 2 We here- foregoing de; ‘inition of a %ommercial motor b v&icle.v 1936. a copy of said Opinion No. O-3 with enclose

Th; qy;tion to decld; is whether the vehicle is beiq elivery marDose in the t an - ysed orimari Y o C&UQ,QZimercial o This fact we leave to the determina&.oi portatlon of ~uronertvf of the proper authorities In each case*

Therefore, it is our opinion that a passenger automo- bile which is being used primarily as a commercial motor vehicle, sho 3 d be registered as a commercial motor vehicle, and the oper- ator of same is reqtired to hold a commercial operator’s license.

We trust the foregoing fully answers your question. I. APPROVED MAY 12, 1945 Yours very truly /s/ Carlos C. Ashley ATTORNEY GENRML OF TEXAS

FIRST ASSISTART ATTORNEY GENFRAL

By /s/ Robert L. Lattlmore, Jr. Robert L. Lattlmore, Jr., APPROVED.: ;X’&iI~;C);~TTB Assistant BY: , RLL:LJ;wb