Untitled Texas Attorney General Opinion ( 1986 )

. 1. October 22, 1986 Honorable Edward Woolery-Price Opinion No. ``-567 Colorado County Attorney 910 Milam He: Whether exemption for certain Columbus, Texas 70934 commodities in section 5(b) of article 6701d-11, V.T.C.S.. applies to section 5(a) of article 6701d-11, V.T.C.S. Dear Mr. Woolery-Price: You ask a question regarding overweight trucks. Section 5(a) of article 6701d-11 makes it unlawful to operate on the public highways a colmnercial motor vehicle, truck-tractor, trailer, or semitrailer having a weight in excess c’f the specified weight limitations. It contains no express exceptions. In 1983, the legislature added section 5(b). which further provides that: r (b) No persor. shall load, or cause to be loaded, a vehicle for operation on the public highways of this s’tatewith the intest to violate the weight limitations in Subsection (a) of this section. Intent to violate those limitations is presumed if the loaded vehicle exceeds the applic- able gross vehicular weight limit bv 15 uercent or more. This st.bsectiohdoes not Apply ‘to the loading or causinlcto be loaded of an agricultural or a forestry corm~odityprior to the processing of the commodity. (I&phasis added). V.T.C.S. art. 6701d-11, 55(l):‘. In the context of a f;lrmerusing his own truck to transport his harvest of rice or corn on si public highway from his farm to a place to sell the product, or to have the product processed, or to store the product pending sale, you a:slc the following question: Does section 5(b). article 6701d-11, V.T.C.S.. exempt the driver or owner of that vehicle, who is also the farmer . . . from section 5(a) of article 6701d-ll? r‘ It is our opinion that section 5(b) does not exempt the driver or owner of an overloaded vehi:le from the provisions of section 5(a). p. 2521 Honorable Edward Woolery-PrJ.ce- Page 2 (JM-567) The provisions of sectj,on5(a) determine whether the operation of an overloaded truck violates,article 6701d-11. A violation of section 5(b) is a different offense. Section 5(b) prohibits the loading of a truck for operation on a put'lichighway with the intent to violate the weight limitations that are specified in section 5(a). The express provision by the legislature that section 5(b) does not apply to the loading of an agricultural or forestry comodity prior to the pro- cessing of the commodity relates only to the loading of a truck with the intent to violate the lhnitations of section 5(a). cf. V.T.C.S. art. 6701d-11, $5 l/2; 96, r,ubdiv.6. You inquire about the effect of Attorney General Opinion JM-354 (1985) on the question of whether section 5(b) of article 6701d-11 exempts a vehicle from th't provisions of section 5(a) of article 6701d-11. The question asked in Attorney General Opinion JM-354 was not whether the operator of an overloaded truck would,violate article 6701d-11, and it is the p%Licy of this office to answer only the questions that are asked. Attorney General Opinion JM-354 relates solely to the owner or operator of a wood yard who has loaded or caused to be loaded a vehic:iefor operation on the public highways in violation of weight limits, This office expressed the opinion that the exception for a forestqr commodity prior to the processing of the commodity, which exception section 5(b) creates for the offense of overloading or causing the c#verloadingof a vehicle, does not apply to the hauling of logs or pulpwood from a wood yard under the facts presented in that opinion. The opinion deals with the question of whether logs and pulpwood le:avinga wood yard are a forestry commodity prior to the processing of the commodity. SUMMARY The excepticn in section 5(b) of article 6701d-11, V.T.C.S., for an agricultural or forestry conmodit:~prior to the processing of the cosmodity does not apply to the offense of operating an overloaded vehicle under section 5(a). article 6701d-11. JIM MATTOX Attorney General of Texas JACK HIGHTOWER First Assistant Attorney General MARY KELLER Executive Assistant Attorney General p. 2522 : , (JM-567) Honorable Edward Woolery-Price - Page 3 RICK GILPIN Chairman, Opinion Comnittee Prepared by Nancy Sutton Assistant Attorney General p. 2523