Untitled Texas Attorney General Opinion ( 1945 )


Menu:
  •             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-teras 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 portiiinof a completed and
    opened iiighway.
    "Such trucks are resistered for their weight
    empty. Is it ;lecessaryunder the laws of the
    State of Texas that such trucks be registered for
    the weir,htwhich they c.arryloaded?
    "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,hei'ollowinginformation from the State iiighwayDe-
    partment concernin,?construction work now in pro,gresson a
    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,
    (2)       Said project is a Federal Aid project, desig-
    nated as F. A. 5. 194-A(1).
    (3) The right of way of the above mentioned con-
    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~thof the project and con-
    nects with a New l"lexicohighway at the state
    line.
    (4) Said road upon which the State HiD;hwayDepart-
    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).
    (5) The road has not been closed to public travel
    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,plge3 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 Yleigheror any License and
    Weight Inspector of the State Hi,ghwayDepartment, 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 Ianno 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``islhtivejurisdiction under its police
    power."
    When a road has been used i'orPublic 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 lviexicoline, herein-
    above-described, in view of the foregoing, ,it'isour.opinion‘
    that said highway is-arpublic,hifhway:under the provisions of
    Article 6657a-a, subsection (ml,.~Tt:i~s therefore our,further ,'
    ol!inionthat when trucks:.operateon any partion of ~such.public
    highway, such trucks should be registered for "gross weight,"
    in accordance with the provisions of Article 6675a-6, suprae
    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
    BY             J. A. Ellis
    Assistant
    JAE:pam
    APPROVED NOV 10, 1945
    Carlos C. Ashley
    First Assistant
    Attorney General
    APPROVED OPINION COMidITTEE
    BY BWB, CHAIRMAN
    

Document Info

Docket Number: O-6925

Judges: Grover Sellers

Filed Date: 7/2/1945

Precedential Status: Precedential

Modified Date: 2/18/2017