Untitled Texas Attorney General Opinion

. THE,~~ORNEY GENERAL OFTEXAS AUSTXN I~.TEXAS November 25, 1959 Honorable Glyndon M. Hague County Attorney Johnson County Cleburne, Texas Opinion No. WW -744 Re: Whether a farm trailer used once or twice a month on the public high- ways for such purposes as carrying small loads of lumber from a city to a dairy farm for me on the same is required to be registered under Art. 6675a-2, V. C. S. Dear Mr. Hague: Your letter reads, in part, as follows: “This is a request for an opinion of your office concern- ing the interpretation of Article 6675a-2 of the Revised Civil Statutes of the State of Texas, relating to the re- gistration 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 provisions of the law and providing further that such exemption shall not apply to farm trailers weighing in excess of 4,000 pounds and not used for hire. “The question I wish to submit is this: Is a farm trailer weighing 1,600 pounds and whose gross weight loaded never exceeds 4,000 pounds and which trailer is used not more than once or twice each month upon the public Honorable Glyndon M. Hague, page 2 (WW-744) highways of the State of Texas for such purposes as carrying small loads of lumber from the city to the dairy farm for the construction of a dairy barn, re- quired to be registered or is it exempted under the provisions of Article 6675a-2? “I have carefully studied Article 6675a-2 and the question posed here is based squarely upon the interpretation of the phrase ‘operated or moved temporarily upon the highway’ . . . . ” 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 highways shall not be required to regis- ter . . . . 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 market or where same is actually marketed and return.” In view of the fact that your question deals with hauling of lumber from a city to a dairy farm, we are of the opinion that the trailer must be registered in accordance with Article 6675a-2, V. C. S.., inasmuch as the facts set out in said question do not conform with any of the definitions set out in Article b675a-1, V. C. S. SUMMARY A farm trailer used once or twice a month on the public highways for the purpose of hauling lumber from a city to a dairy farm for use on the farm is required to be registered under Article 6675a-2, V. C. S. Honorable Glyndon M. Hague, page 3 (WW-744) Yours very truly, WLLL WILSON Attorney General of Texas Assistant JCP:nb APPROVED: OPINION COMMITTEE W. V, Geppert, Chairman J. C. Davis Houghton Brownlee, Jr. Paul Floyd Ray Loftin REVIEWED FOR THE ATTORNEY GENERAL By: Leonard Passmore