Untitled Texas Attorney General Opinion

May 22,L970 Honorable Naomi Harney Opinion No. M- 638 County Attorney Potter County Re: Authority to move over public Amarillo, Texas 79101 highways overwidth trailers used in their owners' agri- cultural operations without the permit required by Article 827a, Section 3(a), Vernon's Dear Miss Harney: Penal Code. You ask our opinion in answer to the following inquiry: "When the trailer-type carriers described in the enclosed brochures are used to carry or move implements of husbandry over the public highways, pursuant to ArticLe 827a, Section 3(a), Vernon's Penal Code, and return without carry- ing implements of husbandry, may they be operated without the special over-size permits required of other vehicles?" We believe the answer to your question is found in Arti- cle 827a, Sections 1 and 3, VernonUs Penal Code. The carriers under consideration are properly classified as either trailers or a semi-trailer types of vehicles, which are defined in Article 827a, Section 1, Vernon's Penal Code as follows: "'Vehicle.' Every mechanical device, in, upon or by which any person or property is or may be transported or drawn upon a public highway, including motor vehicles, commercial motor vehicles, truck-tractors, trailers, and semi-trailers, severally, as hereinafter de- fined, but excepting devices moved by human power or used exclusively upon stationary rails or tracks. -3051- Honorable Naomi Harney, Page 2, (M-638 1 "'Trailer." Every vehicle without motive power designed or used for carrying property or passengers wholly on its own structure and to be drawn by a motor vehicle. "'Semi-trailer.' Every vehicle of the trailer type so designed or used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another motor vehicle." Section 3(a), of Article 827a, Vernon's Penal Code, prohibits use on any highway of any vehicle which exceeds a stated total outside width, but makes the following ex- ception to such prohibition as follows: II e e 0 that the limitations as to size of vehicles stated in this Section shall not apply to vehicles on which implements of husbandry are being carried or moved provided such vehicles are being moved by the owner thereof or his agent or employee for the purpose of carrying on agricultural operations, and provided further that such implements are being moved or carried a distance of not more than fifty (50) miles, G 0 0' Implements of husbandry are defined in Article 6675a-l(r) and in Article 6687b(g)# both of Vernon's Civil Statutes. We do not quote these definitions because the question of what constitutes "implements of husbandry," is not before US. The controlling language in the quoted portion of Arti- cle 827a, Section 3(a) (supra) is: II D provided such vehicles are being 0 0 moved by the owner thereof or his agent or Gyee for the purpose of carrying on agricultural operations. . e on -3052- Honorable Maomi Harney, Page 3, (M-638 ) This language allows one engaged in "carrying on agricul- tural operations" to move his over-widthvehicles on which he lifts or carries his implements of husbandry without the special permit required of other persons. Further, it is our opinion that the statute also allows one to move such vehicles over the highways when empty, without permit, where such move- ment is necessarily incident to the lifting or carrying of implements of husbandry used in such agricultural operations. Examples of this would involve trips from the point of original distination to other points in order to pick up implements of husbandry to be used in the farming operation or where a return trip is required. Any other construction would destroy the intent of the statutes, which is manifest from the retaining of the privilege of using overwidth vehicles on the highways between the several locations where agricultural operations exist by those carrying on agricultural operations. Should this statute be interpreted to restrict the move- ment of overwidth vehicles on the highways to those occasions only when such vehicles were actually loaded, carrying im- plements of husbandry, then the privilege to use such vehicles would be so restrained as to practically nullify and defeat the very purpose for which the privilege was granted, viz., carrying on agricultural operations, Courts are not at liberty to construe a statute in such a way as to defeat the legis- lative purpose and intent, A statute penal in nature will not be extended bv construction bevond the necessities of the case. 53 Tex,Jur,2d-306, Statutes, Sec. 198; accord: Texas Highway Department, et al v. Kimble County, et al, 239 S,W.2d 831 (Tex,Civ.App., error refused, n,r,e,, 1953). See also Allred, et al v. J, C, Engleman, Inc,, 123 Tex. 205, Gl S,W02d -33), The courts of this state seek a construction of a statute which is in harmony with loaicand sound economic principles and these reasons may belooked to in construing the intended purpose of the statute. Attorney General's Opinion No, 1iW824 (1960), It is therefore the opinion of this office that trailer type carriers as defined in Article 827a, Section 1, VernonOs Penal Code, may be moved over the highways of this state by one engaged in carrying on agricultural operations without the special overwidth permit required by this Article, when such persons are carrying implements of husbandry provided, -3053- Honorable Naomi Harney, Page 4, (M-638 ) however, that such implements are being moved or carried a distance of not more than fifty (50) miles. Further, such carriers may be moved without permit and without carrying implements of husbandry but only when such movement is part of a transaction necessarily incident to the carrying on of agricultural operations. SUMMARY The trailer type carriers as defined in Arti- cle 827a, Section 1, Vernon's Penal Code, may be moved over the highways of this state by one engaged in carrying on his agricultural opeta- tions without the special overwidth permit required by this Article, when such persons are carrying implements of husbandry, provided, however, that such implements are being moved or carried a distance of not more than fifty (50) miles. Further, such carriers may be moved without permit and without carrying im- plements of husbandry but only when such movement is part of a transaction necessarily incident to the carrying on of their owners' agricultural operations. Yo very truly, Prepared by Bennie W. Bock, II Assistant Attorney General APPROVED8 OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Acting Co-Chairman Austin Bray Ken Nordquist Arthur Sandlin Richard Chote MEADE F. GRIFFIN Staff Legal Assistant -3054- , . . . Honorable Naomi liarney,Page 5, (M-638 ) ALFRED WALKER Executive Assistant NOLA WRITE First Assistant Attorney General -3055-