.%8ter key with wbich to remove the lock and unload the 630da.n

You request :Jur OpiizbA hs.to rhetiiar 3r not under euab cirowaetoncelr a Uaense ? seleht :napector h4a the nu- thorlty to bremk the 13ck end deturmlne whather 3r not t&o motor tehlole has bees correotly rcglsterea: that is, -&ether the truak eotuailg we&h8 a8 aueh as the re&lstration paperr woulb'indiaate, thereby detetinfng the net load trmnlrportea OA #O SIOtOr Vebhle.

"on. Ifooter tarri8on, Jr., Page 2

,.xtlol& t?27n, YOCtion Sa, ima1 Code, reads aa fol- lows :

*(a) Epon aFplloatlon for reglstratlon or any commarolal motor vehicle, truck-tractor, trallar or semi-trailer, the applicant shall deliver to the tax collector, x one gf'his duly authorized deputies, an affldarlt, duly swers to before orficor authorized to adaln- later oaths, showing the weight or aaid vehicle, whloh affidavit shall be kept on tila by the 0ol:eator. The lioesse reaeipt issued to the applicant shall also show said a-elght. A copy of said receipt shall be <:arrled at all time on any such rehlcle while SBF~O is upon the pub- lic hirjhway. &oh affidavit, or a certified eopy tharsof, my be introduoed ~8 evldanoe showing th4 wal@it of esld v+hial.e, and affidavit shall be prism faale evidence 3 th-.

well;ht tberaot; yrovlded, however, that Pt my be shorn that said affidavit is false or that said pralgbt insarted therein is incorrect."

A:rticle &27a, 5eation 6 or the venal zoe reads as roll.:Wa:

vnny license an% w&&t loa,pootor of the :tate Righway department, hsVl:ig rceson to baliove that, the gross weight of e loaded vehicle la unlurful., 1s authorlsod to weigh the same either by mane of portable or stationary scales, and to royuire that suah vehlole be driven to the nuarest soales in the event such saales are within two n&lea.

The iziapector may theA req,ilre the driver or oper- ator to unlosd imediately suoh portion ~3 the load as say be nescssary to decrease the gross weight of suah vehicle to the mrimus gross wei&ht spealfled by this Wt."

To the facto submitted to us, you iadvise that e Li- cenae a :~alght TD3peCtOr believes that a truck 1s transporting mora than 7,000 psunds, his the r,redicate ior atorplng the truok Ix- tha purpose of wel&ing the~sme. ..B would mntion th.st the acre belief of SUO!I on lnspeotor that a truok is transporting nore than 7,COO pouc%s would not b!? sufficient to authorize such a >roce%ure on the rart 3f the izsgeotor. ;TiS balief,sust be supported by r~~sanable grounds.

7 In case of ihltehead VS. Xicharddron, 127 S.W.- fed) 512, the Cl6trlot court had entorsd a Juderent perman-

c (

Hon. Eoner Garrison, Jr,, page 3

antly enjsinlng tile rubllo 3f Texas and Safety :omisalon trorp unloading its zmnbers ami tha ?‘exzs tIif:hway I’atrol mtm trucks belmficg t3 ay,pFtllants In order to -IUIU+Z~ it; tbelr weight when empty. :s ame, tlnrl to ascertain of civil gpeals of Lallrte reversed 2nd rendered juidg- incnt dissolving cluoh restraint snd holdin& t!iat when &tn inapeotor hse ceaaan to believe that the law is b815g vio- lated, and that such owrse ia deemed necessary to verify the iiliraotlon, he may unload all or any portion of a load sound on such a vehicle for the purpose or datuminis6 correct we*hts and ascartainiag rhether the law is being violated. In support of such holding, we cite also the ca&ws 0f k%W ‘isay Lmber C0111pany vs. Smith, 96 S.N. (2ti) 282; .%at8 of Texa5 vs. r'er::uson, at al, 125 ti.';!. (Zd) 272; and ijlohtird- son VS. Rurley, 126 s.W. (2d) 1COl.

?;hhen an inspector oom~s upon 3 motor truok, which he ha8 good reason to bellsve and doeo believe is oarrying a load in excess of thiit -2llowed by law, it is hi3 duty to wei;-h suoh loaded truok and then to unload the S~~:ZE xld Weigh it empty anti In tkrtt way to ascertain whether tta .iuw Is bei@ violstad. San the truclr operator defeat. the lr;w ucd frustrate the officer In the performance of hi6 duty ty re- fuelnq to ulllook the van anb permit the processes cd the law to be oarrled out in an orderly and peaoefi;l zanner? :;e i;i~td~hiCg the load- Ji such OfiiCers think 307.. ‘,h% 6CtiOn ed tmck, In anpty?:q the s(lds( and ~:si:_hi.n~: It mgty is in the nrtture ~1f' a search. If neo86aury in tii% cxecutlon 3f 0 officer my break ~;d anter searoh warrant the gremisss wtict, are to be searcked. 56 2.J. 1242; 24 :?.i.L. 700. ;Phere M sificer has tie authority to uako u search without a warrant it wzul& seem that his powers and duties shoulir be the 8s~ as lf he had ip search war ant authorizinq the same kind of a search.

.issumfrg that the inspector has xirfio?ent ground6 for hfe belief that the truck oarlrs a loa& in excess of that permitted by law, :?ur answer to your question is an uf- firni~tive one.

Yours very truly