THICATTORNEY GENERAL
OF TEXAY
April 7, 1960
Honorable Glyndon M. Hague
County Attorney
Cleburne, Texas Opinion No. WW - a24
Re: Whether a farmer hauling live-
stock to market in hi8 unlicensed
trailer, returns the same live-
stock to his farm, would be viola-
tion of Article 6675a-2, V. C. S.
Dear Mr. Hague:
We quote your letter of February 26, 1960, in part as follows:
“This is a request for an opinion of your office con-
cerning Article 6675a-2 of the Revised Civil Statutes of the
State of Texas relating to the registration of motor vehicles
and trailers.
“This Article provides that the owners of farm trailers
operated or moved temporarily upon the highways shall not be
required to register such farm trailer, provided such farm
trailers are operated in conformity with all provision8 of the
law and providing further that such exemption shall not apply
to farm trailers weighing in exces8 of 4,000 pounds and used
for hire.
“The ques,tions I wish to submit are these: (1) If a
farmer used his unlicensed trailer to haul livestock to market
and because of an unfavorable market returns same livestock
to his farm, is he in violation under Article 6675a-2, V. C. S.?
(2) If a farmer u8es his unlicensed trailer to haul farm produce
to market, market8 same, then as an incident to this trip to
town, is he in violation of Article 6675a-2, V. C. S. if he hauls
products back to the farm for use in the production of agricul-
tural products ?‘I
-_
Honorable Glyndon M. Hague, Page 2 (WW - 824)
Our answers to both of your questions are “No”.
Article 6675a-2, V. C. S. as amended reads, in part:
“Owners of farm tractors, farm trailers, farm semi-
trailers . . . operated or moved temporarily upon the high-
ways shall not be required to register . . . that the exemptions
in this Section shall not apply to any farm trailer or farm semi-
trailer when the gross weight exceeds four thousand (4,000)
pounds, . ~ . .‘I
Article 6675a-1, V. C. S., paragraph “q”* reads as follows:
“By ‘operated or moved temporarily upon the high-
ways ’ is meant the operation or conveying between different
farms, and the operation or conveyance from the owner’s
farm to the place where his farm produce is prepared for mar-
ket or where same is actually marketed and return.” (Em-
phasis added).
While the law generally construes an exception to a revenue statute stricly against
the person claiming same, the cases construing Article 6675a-2 have given it a
liberal construction. In Texas Highway Department, et al. v. Kimble County, et al.,
239 S. W. 2d 831, Court of Civil Appeals, writ refused N.R.E. the Court stated,
“such article is, therefore of a penal nature and must be construed most favorable
to the owner of the vehicle.” Again in Allred, et al. v. J. C. Engleman, Inc.,
Court of Civil Appeals, 54 S. W. 2d 352, affirmed by the Supreme Court in 61 S. W.
2d 75, the Court said “the statute must be liberally construed to effectuate its
purposes and designs.”
The statute in question being of a penal nature requires “the act which is claimed
to be a violation of penal law must be fairly within its terms to sustain an action
for the penalty”, Thompson v. Missouri, K & T Ry. Co. of Tex., (Sup. Ct. of Tex.)
126 S. W. 257.
Under the liberal interpretation given Article 6675a-2, V. C. S. by the courts and
due to the words “and return” (see underlined words in Article 6675a-1 above)
we do not feel that the legislature intended that a farmer using his unlicensed
trailer, not exceeding the weight limitations imposed by law, and proceeding le-
gally to a certain point, should be required to return empty , but would have the
authority to haul products back to the farm to be used thereon.
As the Court stated in Petroleum Casualty Co. v. Williams (Commission of
Appeals) 15 S. W. 2d 553, at page 556:
II . . . This construction of the statute is in harmony
__. -
Honorable Glyndon M. Hague, Page 3 (WW - 824)
with logic and sound economic principles, and such may be
looked to in construing the intent and purpose of the statute,
. . . . ,I
SUMMARY
A farmer may use his unlicensed trailer to haul
livestock to market and because of unfavorable
market condition8 may return 8ame livestock to
his farm under the provisions of Articles 6675a-
1, V. C. S., paragraph “q” and 6675a-2, V. C. S.
provided the weight limitation therein is not ex-
ceeded. Also, a farmer Using his unlicensed
trailer to haul farm products to market in com-
pliance with the above-mentioned statutes may
haul products back to the farm to be used thereon,
providing products hauled back do no exceed the
above-mentioned weight limitation.
Respectfully submitted,
WILL WILSON
ATTORNEY
By&Gs GEN
JOHN C. IjHILLIPS
Assistant Attorney General
APPROVED
OPINION COMMITTEE
Wm. V. Geppert
Iola Wilcox
F. C. Jack Goodman
Jerry H. Roberts
REVIEWED FOR THE ATTORNEY GENERAL
BY:
Leonard Passmore