Untitled Texas Attorney General Opinion ( 1963 )

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Col. Homer Garrison, Jr. Opinion No. C-191
Director
Texas Department of Public Re: Whether a motor vehicle
Safety traneportlng 011 field
Box 4087, North Austin Station equipment from one lease
Austin, Texas to another leaa?, wherein
a public highway is
crossed at right angle8
Is operating over a public
highway and related
question.
Dear Cal. Garrison:
In your recent Setter you,requeated an opinion of this
office on the following questions:
"(1) I8 a motor vehicle transporting 011
field equipment from one lease to another lease
wherein a public highway is croesed at right
angles considered to be operating over 8 public
highway?
"(2) In view of the descriptive phrase
'Irrespective of whether in the course of such
transportation a highway between two (2) or
more incorporated cities, towns or villages 18
traversed' doe8 House Blll #31 seek to regulate
as a motor carrier or a specialized motor carrier
a motor vehicle which croa8es a highway at right
angles to and from private property while trans-
porting property for hire?"
Houee Bill No. 31, Act8 th Leg., 1963, ch. 359, P.
929 (codified a8 glib Sec. lc7 provides In part a8 follows:
'Sec. lc. The term6 'Motor Carrier' and
~Speclallzed Motor Carrier,' as u,8edin Sec. 1
of thla Act, shall apply to and Include all for
hire tranaportatlon of 011 field equipment, a8
defined In eubdlvlelon (I) of Section 1 of this
Act, over the public highway8 of this State out-
8ide the corporate limit8 of Cltle8 or towns,
irrespective of whether in the course of such
transportation a highway between two (2) or more
Col. Homer Garrison, Jr., Page 2, .(C-191 )
Incorporated cities, towns or villages is
traversed."
We can flnSf.
no Texas cases defining the term "over the
public hlfhways nor can we find any case8 In Texas defining
the word over." However, in Illlnola Central Railway Company
v. City of ChiCaRO, 141 Ill. 'jBm82), 30 N .E . 1044, the
Court said at page 1046:
. . .The two words toverl and 1acros81 may be
I,
used Interchangeably, and as having the same mean-
ing. ,Webster thus define8 the word 'across:' 'From
side to side; athwart; crosswise; quite over.' He
defines the word 'over' as follow8: 'Above, or
higher than, In place or position, with the Idea
of covering; across; from side to 8lde of; upon
the surface of.'. , .'
Also in White v. Bevler Coal Co., 364 MO. 313'(1953),
261 S.W.2d 81, 84, the Court used the following language:
II
.Webster's New International Dictionary,
2d Ed5.i.;tells us that the word lover' Indicate8
lpaasage either above the substance or thing, or
on the surface of it, and beyond; speclf.: across;
from one side to the other of; to or at a place
beyond;* * *,I and the word lacro88' mean8 'From
one side to the oppoelte side of.'. . ."
Article glib, Sec. l(d), Vernon's Civil Statutes, pro-
vides a8 fOllOW8:
"The term 'public highway' means every
street, road or highway in this State."
Putting the definition of "over" with the term "public
highway" a8 defined by the Act, we must conclude that a motor
vehicle transporting 011 field equipment from one lease to
another lease, where a public highway is crossed at right-
angles, would be considered as operating over a public highway.
We point out that had the Legislature desired to exempt
such travel it could have so provided, a8 it did In Article
6675a-2, Vernon's Civil Statutes which provides:
II
. . .mrovlded, that where a public highway
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col. Homer Garrison, Jr., Page 3, (C-191 )
separates lands under the dominion or control of
the owner, the operation of such a motor vehicle
by such owner; his agent or employee, across 8Uch
highway shall not constitute a use of such motor
vehicle upon a public highway of this State."
Inasmuch a8 no such provision appear8 In Rouse Bill No. 31, we
believe that the Leglalature Intended none.
In answer to your second question, it is the opinion of
thla office that the Legislature Intended to regulate all
transportation of '011field equipment for compensation or hire
except that 8peclflcally exempted by paragraphs 2 and 3, Sec.
lc of Article ~gllb, Vernon's Civil Statutea, which provide as
follows:
"Sec. lc . . ,
"The provisions of this Section lc shall
not apply to or Include vehicle8 used exclusively
in the Stringing Of pipe for pipellne8, nor Shall
this Section lc apply to or Include the transporta-.
tlon of water, drilling mud, petroleum and petroleum
prOdUCt8 in bulk, in tank trucks, when such sub-
stances are used In connectlon.wlth the servicing
of 011 and gas wells, unless In the course of such
transportation a highway between two (2) or more
Incorporated cities, tOwII8or village6 18 traversed.
"Nothing In thl8 Section lc shall In anywise
repeal, alter, amend or affect any of the pro-
vision8 of Chapter 290, Acts, Reg. Sea. Forty-
seventh Legislature (being Sections la and lb of
thls Act and now codified a8 Sections la and lb
of Article glib, Vernon's Texas Civil Statutes)."
It Is, therefore our opinion that Article glib, Section
lc (House Bill No. 3lj doe8 seek to regulate a8 a motor
carrier or specialized motor carrier any motor vehicle which
croasea a Nghway at right angles to and from private property
tranaportlng,property for compensation or hire provided that
the transportation'18 of 011 field equipment and 18 not
covered by the exemptions set out in paragraphs 2 and 3 of
Section lc, Article glib, Vernon's Civil Statutes.
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. . .
col. Homer Garrison, Jr., Pam 4, (c-191 )
1. A motor vehicle transporting 011 field
equipment from one lease to another leaae when
a public highway 18 crossed at right-angles 18
considered to be operating "over a public hlgh-
way."
2. Transportation of oil field equipment
for hire by a motor carrier or specialized motor
carrier which crosaea a public highway at rlght-
angle8 to and from private property fall8 within
the definition of the term 'motor carrier" and
"speclallzed motor carrier" and the operator of
such equipment would require authority from the
Railroad Commls8lon unless exempt under the
provIsIon of Article glib, Vernon's Civil
Statutea.
Very truly yours,
WAGGONER CARR
ney General of Texas
I n
NVS:aj
APPROVED:
OPINION COMNITTEE
W. V. Geppert, Chairman
Gordon Zuber
Arthur Sandlln
V. F. !l'aylor
APPROVEDBOR TRE A!C!CORNEXGENERAL
BY: Stanton Stone
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