.
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