Untitled Texas Attorney General Opinion ( 1946 )

HonorableFred V. Meredith County Attorney xauupmul Couaty Kaufman,Texas Dear S$rt opinion lo. O-7406 Rer Whetherdriver of pick-up truck oa highway is requiredto have oomsroial opemtor' s license; and relatedquestion. This is in reply to your letter of Septenbs4, 1946, requestingour opinionon the questionspresentedtherein,based upon the followingstate of facts. A ma living in Terrell,Texas, borroweda friend'spick-up (&-ton truck) and drove it to Dallas to a show. On the way home he was stoppedas he passed throughthe City of Formy by the officers,and tm complaintswcrc filed againsthim. He was chargedwith drivinga.onmneroialvehiolewithout having a cmmroial operator'slioense,and in additicm,was chargedwith filure to hams with the vehicle a oopy of his lioeasereceipt. He had an operator'slicensemdwas not using the truck for oomseroialpurposes. For the sake of clarity,we wFl1 m-phrase your quertims.to state the problemswhich seem to be presentedby the fasts given md your brief thereon, and answer each in turn: 1. ,Isa personwho is operatinga pick-uptruck on the highways of this State as a passengervehiole for his own use only,and not for hire, requiredto haw a oommeroialoperator'slicensewhile so operatingsuch truck? Article 6667b,Sec. Z(a), Vamonls Annotatedcivil Statutesof Texas, provides8 "Iv0person,except those hereinafterexpresslyexempted,shall drive any motor vehicle upon a highway in this State unless such person has a valid license as an operator,a ccmmeroialoperator,or a chauffeurunder the provisionsof this Act.” Sectionl(n) of said Art3010 definesa 'cmmroial operator"as "every personwho is the driver of a motor vehicledesignedor used-for %n. Frod V. Slersdith .-Page 2 (o-7408) the transportBtionof property,includingall vehiclesUsed for delivery purposes,while said vehicleis being used for ocmmeroialor delivery purposes." (emphasisours) 'Iheunderlinedphrasequalifiesand limits the statutory.definition of "commercialoperator,"and the evidentintent of the stathte is to requirethe operatofof an$motor vehicleto be 1loen:;sd as a commercialoperatoronly wham such vehicle is actuallybeing used at that time for the purposeof transportingproperty. 70 thereforeanswerthe first questionin the negative. 2. Is the operatorof a pick-up truck upon the highwaysof this State requiredto carry in such truck or on his perso&,at all times, a copy of the currentregistrationlicense receiptissuedfor said truck, regardlessof whether it is being used for a ocmmercialpurpose? Article 6675a-2,V.A.C.S.,requims the owner of every motor vehicle used or to ta used upon the publio highwaysto apply each year for the rsg- istrationof such motor vehicle,with oertainexceptionsnot neoessaryto be noted here. Article 627a, Sec. 5a, Vernon’s AnnotatedPenal Code, provides: "Upon applicationfor registrationof any commerolalmotorvehicle, truck tractor,trailer or semi-trailer,the appllcsntshall deliver to the Tax Collector,or one of his duly author!seddeputies,an affidavit,duly sworn to before an offioerluthorlssdto administer oaths, showingthe weight of arid vahiolr,the muimrrn load to be transportedthereon,md the total gross weight for whichs aid vehi- ale is to be registered:which affidavit shall bs kept on file by ths Colleotor. The licenseroooipt iasuod to tho l pplioantshall also show said totalgross weight for which raid whlols 18 rogirtorad. A copy of arid receipt shall be arrird at all tlmrr on my suoh vohlolowhiles amo is upon the pub110 highway. “The copy of the rogirtrationlioensrrewipt above rsquirsdahall be aWssiUo in evidenooin any cause ia which the gross rsgiator- od weight of such vohiols II an irsur, and shallbe prlnu faolr evidenceof the gross wsight for nhiah such nhiolr is rsgirtrrad. Such copy of the roglrtraticalioeasr rowipt shall bs dirplayod to lv o ffic erluthorlzodto rnforoe thir lbt, upon rrquert w such officer. sTho driver,omsr, operator,or other prron operating or driving ouch vrhiols, fallingto comply with this provisionof this Aot, shall te guilty of a misdsmaanorand u n conviotionshall be fined in any ~WKInot exoeodingTwo Hundred (r200,OO)Dollars. AB upended Acts 1941. 47th Leg., p. 144, oh. 110, 1 12.” . ??onorable Fed V. Meredith- Page 3 (O-7406) It is thereforeour opinionthat ths driver of a pick-up truck is requiredto carryin said truck a copy of the curmmt registration license receipt issuedfor such truck at all times while saidtru& is upon the public highway. Carryingsuch rsooiptupon his person will answer the requirementof the statutewhile the drinker is in the truck. Your8 very truly A'ITORNEYGENERAL OFTEXAS By /s/W. R. Ulea H-R. Allen Assistant APPROIIEDSEP 26, 1946 /s/Grover Sollors ATTORlEYGENETR4LQFTEXAS VfPA:LJ,egn AFPRovBD OpinionCamnittoe ByBWB Chainnan