Honorable C. C. Hampton Opinion No. C-724
County Attorney
Comanche, Texas Re: Whether unlloensed farm
trailers may be used to
carry horses to be used
Dear Sir: in rodeos
In your opinion request you state:
"I have a problem about the use
of farm trailers which are not re-
quired under the law to oarry a II-
tense plate. We find a large number
of these trailers being used for pur-
poses rather remotely oonnected with
a farm. Various rodeos are in pro-
gress in Comanche County during the
summer months and the horses used in
these rodeos are frequently oonveyed
in unlicensed farm trailers,"
You then ask the aaptloned question.
Article 6675a-2 (b), Vernon's Civil Statutes,
provides:
"Owners of farm tractors, farm
trailers and farm semitrailers with a
gross weight not exceeding four thou-
sand (4,000) pounds, and implements
tractors, farm trailers, farm seml-
trailers and lm lements of husbandry."
(Empha,sisaddedP
Article 6675a-1 (q), Vernon's Civil Statutes,
defines the term "operated or moved temporarily upon
the highways" as:
"By 'operated or moved tempo-
rarily upon the highways' Is meant
the operation or conveying between
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Honorable C. C. Hampton,'page 2 (C-724 )
different farms, between a place of
supply or storage to farms and re-
turn, or from an owner's farm to the
place where his farm produce Is pre-
pared for market or where same is
actually marketed and return."
In each case it will be necessary to deter-
mine from the facts whether or not the horses being
used in the rodeo are being conveyed from the owner's
farm to a place where the horse is prepared for market
or where the horse is actually marketed, and return
therefrom. From the facts you have given, however,
it appears that in this case such is not true; there-
fore, it is the opinion of this office that trailers
used for the purposes set forth in your letter must
be registered in accordance with the law of this
State,
Your attention is invited to Article 6675a-2
(h)3, Vernon's Civil Statutes, which provides:
"Any vehicle exempt from regular fees
under this Subsection and operated and
moved upon the public highways of this
State in violation of this Subsection
shall be deemed to be operated or moved
unregistered and shall immediately be
subject to the regular registration
fees and penalties prescribed by law."
SUMMARY
Trailers being used for the purpose
of conveying horses to and from rodeos
are not exempt as farm trailers and must
be licensed under the laws of this State.
Yours very truly,
WAGGONER CARR
Attorney General of Texas
BY:
REO/er Assistani Attorney General
. .
Honorable C. C. Hampton, page 3 (C-724 )
APPROVED:
OPINION COMMITTEE
W; V. GBppert, Chairman
Lonny F. Zwiener
Dbuglas Chilton
Malcolm Quiok
Sam Kelley
APPROVED FOR THE ATTORNEY GENERAL
By: T. B. Wright
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