TEEA-``~RXTEF GENERAL Honorable Tom i. 'Hartley District Attorney Hldalgo County Ddlnburg, Texas Dear Sir: Opinion No. O-2435 Re: Whether junked automobile must bear license plates to be sold and moved. In your letter of May 29, 1940,.you request our opinion :n response to the following questions: “1. Is it necessary, before the sale of a Second- hand car that will be junked, and which 1s not in present running condition, to buy a license for same before trans- ferlng it? “2. Is It necessary, before the sale of a second- hand car, which Is not In running condition, but which will be put in running condition by the purchaser, to register It? “3. Can such cars be moved on the highway by a wrecker from seller's to purchaser's place of business wlth- out a license?” Article 804, Penal Code, provides that “whoever o erstes upon any public highway a motor vehicle which has not been regis+-a-x, ere required by law she12 be fined not to exceed $aO.OO" Since this penar statute plainly would not reach a Vehicle which is towed by another and which Is not required by laa to be registered, it becomes necessary to ascertain whether any such vehicle Is subject to the registration statutes. Article 6675s, Vernon's Civil Statutes, regulates the registration of vehlclea. Sec. l(b) thereof says that the term “motor vehicle” as used in the statute means every vehicle that 1s self-propelled. And, SectL.on 2 requires that "every owner of a motor vehicle -- used or to be used upon the public highways of,,thls State -- shall apply fom- registration of each such vehicle. It seems quite clear tha.t these statutes would not apply to an automobile which has served its usefulness es such and Is marked for the junk pile rlthout any further use. It’is no longer a motor vehicle within the statute for It Is not self-propelled. Taking it down the hlghw;a 2 means of a wrecker Is not a use of the junked car on the highway. the same thing as hauling somuch scrap-iron. It Is never to be used on the highways again. When parts of It go into a rebuilt vehicle, reglstra- tion of this creation 1s provlded in Section 12b. tcnorable Tom L. Hartley, Page 2 ‘3-2’135 * m Article 1434, Penal Code, provides that “No person __ shall soli, trade or otherwise tranofer any used or second-hand vehicle required tebe registered . . . . unless and until said vehicle at tile time of cel:.