--- . .
.r.,
The Attorney General of Texas
March 21, 1979
MARK WHITE
Attorney General
Honorable Don Henderson, Chairman Opinion No. Mw-7
House Transportation Committee
State Capitol Re: Registration of machinery
Austin, Texas 70767 used to transport and apply
fertilizer.
Dear Representative Henderson:
You have requested our opinion regarding the registration of
machinery used to transport and apply fertilizer.
The 65th Legislature enacted two separate statutes dealing with the
ragktration of fertilizer machinery. Article 6675a-2, V.T.C.S., which
‘23 Main. Suite 610 specifies the requirements for registering motor vehicles, provides that
,O’ n. TX. 77coz
‘1 4701
owners of . . . implements of husbandry operated or
moved temporarily upon the highways shall not be
required to register such . . . implements of
husbandry.
,Article 667%-2(b). House Bii 1324,65th Leg., 1977, ch. R9, at 252, amended
313 N. Tmh. sun4 F the definition of Ymplements of husbandry”to include.
whn.lx,6601
13a63-4347 self-propelled machinery specifically designed or
especially adapted for applying plant food materials
or egricultural chemicals and not designed or adapted
for the sole purpose of transporting the materials or
chemicals, but shall not include any passenger car or
~trwk.
V.T.C.S. art. 6675a-l(r). House Bill 1324 also amended the traffic
regulations to provide:
No person may operate on a public highway at a speed
greater than thirty (30) miles per hour any ~self-
emWed machinery specifically designed or
especially adapted for applying plant fcod materials
or agricultural chemicals and not designed or adapted
p. 19
Honorable Don Henderson - page Two IMW-7)
for the sole purpose of transporting the materials or chemicals,
unless the machinery is registered mder Chapter 86,GeneraJ Laws,
Acts of the Ust Legislature, 2nd Called Session, 1929, as amended
(Article 6675s~1,et seq., Vernon’sTexas Civil Statutes).
V.T.C.S..art. 6701d,S 169Afe).
The Other relevant statute enacted by the 65th Legislature, House Bill Sl, Acts, 65th
Leg., 1977,oh. 184, at 373, added another provision to the traffic regulations:
Section L In this Act, “fertilizer” includes agricultural limestone..
Sec. 2. The annual license fee for the registration of motor
vehicles designed or modified exclusively to transport fertilizer to
the field and spread it, and used only for that purpose, is $50.
Sec. 3. The width requirements in Subsection (a), Section 3,
Chapter 42, General Laws, Acts of the 4lst Legislature, 2nd Called
Session, 1929, as amended (Article 67Old-U, Vernon% Texas Civil
Statutes), do not apply to a vehicle registered’under Section 2 of
this Act ,whichhas a width of 136inches ce less at its widest point.
V.T.C.S. art. 670%lla. Thus, there is a category of fertilizer ‘ma&ii to which both
House Bill 1324 and House ,Bill 61 are applicable: certain motor vehicles designed or
modified bdth to transport and apply fertilizer. Since the former~statute provides an
exemption from registration, and the latter fiies an annual registration fee of $50, it has
been contended that the two statutes are in irreconcilable conflict. In our cpinion, they
may be harmonized and both given effect.
House Bill 1824, when read together with article 6675a-2(b), exempts from
.registration certain self-propelled machinery designed or adapted for applying fertiizer.
The statute then rescinds the exemption for one clam of fertilizer ~machinery- those
operated at speeds of greater than 30 miles per hour. As to such machinery, registration
is stillrequired.
House Bill 81 does not itself require any vehicle to be registered. Rather, it merely
specifies a fee when registraticn is required. The fee is imposed mn re ’ tered fertilizer
machinery which is &signed or modified for both transporting and sprea +kiYhus,itis
g.
applicable to certaii kinds of machinery described by House Bill 1324but not exempt from
~tration tbzreunder by virtue of their operation at speeds greater than 30 miles per
.
ln answer to your specific questions, we believe that the passage of House Bills 81
and 1324 has somewhat altered the law set forth in, Attorney General Opinion M-l288
(1972),which applied the test of “primary design and use” to a particular vehicle. We need
not determine the extent to which the “primary design and use” test has survived the
enactment of the two statutes, however, since we are confident that the vehicle described
in Opinion M-l288 retains its exemption from registration, so long as it is not operated at
speeds greater then 30 miles per hour.
P. ‘20
Honorable Don Henderson - Page Three (r4w-7)
In Motor Vehicle Snformatiem Circular No. 10-77, dated August 26,1977, the State
Department of Highways and Public Transportation interpreted House Bill 1324 to provide
an exemption from registration only for those motor vehicles which “have been built from
the 9 a~ machinery for the exclusive purpose of spreading fertilizer.R (emphasis
inigiY%tf . In our opinion, such a construction imposes a requirement not present in the
statute and is im%nsistent therewith. As we have indicated, fertilizer machinery is
exempt fmm registration if it is included within the definition of vimplements of
husbandryvin article 6675a-lb) and is not operated at speeds greater than 30 miles per
hour.
SUMMARY
Selfpropelled machinery which does not come within the statutory
defmition of passenger car or truck and which is designed or
adapted for applying fertilizer ls exempt from registration under
article 6675a, et V.T.C.S., so long aa such ma&inery is not
7iF
operated at spee greater than 30 miles per hour.
Very truly yours,
-
MARK WHITE
Attorney General of Texas
JOHN W. PAINTER, JR.
First Assistant Attorney General
TRD L. HARTLEY
Executive ~AssistantAttorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINIONCOMMITTRE
C. Robert Heath, Chairman
Watson Arnold
David B. Brooks
Rick Gilpin
WilRamG Refd
Lambeth Townsend
Bruce Youngblood
p. 21