Untitled Texas Attorney General Opinion ( 1966 )


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  •             BE                  Y    GENERAL
    AUSTXN.   TEXAS     787
    February 23, 1966
    Honorable Homer Garrison, Jr.       Opinion NO. c-623
    Director
    Department of Public Safety              Construction of Article
    Austin, Texas                       E&b    Section l(n) V C S
    and Aiticle 6687b, ~ection'3,
    Subsection 4a, as to whether
    the operators of certain enu-
    merated motor vehicles and
    combinations of such vehicles
    and trailers are required to
    have a commercial operator's
    Dear Sir:                           license.
    In your apinion request you ask whether or not an
    operator of a pickup truck, panel delivery truck,,station
    wagon, carry-all truck or passenger automobile when operated
    in combination with a trailer or trailers, is required to
    have a commercial operator's license, when operating such
    combination for commercial or delivery purposes.
    Acts, 59th De islature, 1965, Chapter 
    350 P. 752
    ,
    which amends Article 6g87b, Section 3, Subsection 4a, Ver-
    non's Civil Statutes, provides as follows:
    "A Derson oneratina a truck with a
    manufa‘cturer's-ratedcarrying capacity
    not to exceed 2,000 pounds, which is in-
    tended to include trucks commonly known
    as pickup trucks, panel delivery-trucks,
    station wagons. and carrv-all trucks. who
    holds an operator's license shall not be
    required to obtain a commercial operator's
    license. " (Emphasis added.)
    It is the opinion of this office that the addition
    of a trailer or trailers to one of the enumerated vehicles
    does not alter the manufacturer's rated carrying capacity;
    therefore, the operator of such vehicle is not required to
    obtain a commercial operatorts license when he holds an
    operator's license.
    SUMMARY
    A person operating a pickup truck,
    -3026-
    Honorable Homer Garrison, Jr., page 2 (c-623)
    panel delivery truck, station wagon or txrry-
    all truck with a manufacturer's rated c8rr.p
    ing capacity of 2,000 pounds or lee6 la not
    required to obtain a commercial operator's
    license when he holds an operator's license
    regardless of whether or not said vehicle IS
    operated in combination with one or more
    trailers.
    Your6 very truly,
    WAGGO@R   CARR
    al of Texas
    orney General
    REO/bd/br
    APPROVED:
    OPINION COMMITTEE
    W. V. Geppert, Chairman
    Carlos Vela
    Malcolm Quick
    Pat Bailey
    Sam L. Kelley~
    APPROVED FOR THE ATTORNEY GENERAL
    By: T. B. Wright
    ‘i
    -3027-
    

Document Info

Docket Number: C-623

Judges: Waggoner Carr

Filed Date: 7/2/1966

Precedential Status: Precedential

Modified Date: 2/18/2017