THE,
December 22, 1949
Hon. D. C. Greer Opinion No, V-979.
State Highway Engineer
Texas Highway Departmerd: Re: The necessity to re toter
Auetin, Texas , highway building a IJ /or
maintenance machinery
Hon. Homer Garrison, Jr. propelled or moved on the
Texas Department of Public Safety highways,
Camp Mabry
Austin, Texar
De&r Sirs:
Your letter requesting our opinfon relative to the above
captioned matter reads as follower
“A question has been raised as to the effect of
House Bill 465 passed by the Slat Legislature on the
exemption of highvvay building and maintenance machia-
ery temporarily moved upon the public highways, from
regirtration ao requirad by RCS 6675A. In order that
this Department and the Department of Public Safety
may correctly administer and enforce the registration
statutes it is respectfully requested that you give us
pour opinion on the following question;
Is highway buflding and/or maintenance
machinery temporarily propelled or moved
upon the highways required to be registerrsd
the same as any other commercial vehicla?
“By highway buildingl and matnteaance machin-
ery, is meant road rollers, maintainers, ditch-digging
machines andother equipnent of a special type used
in construction and maintenance, as well as trucksand
ordirvry equipment.”
Subsequent to requesting our opinion on the above mat-
ter, Col. Garrison eupplemented such request as fOllQWS:
.Ausruming that a piece of road building or road
maintaining aquiprmnt te not required to be registered
when being used for the apacial purpose for which it
was primarily designed, doer such equipment become
Page 2 (V-979)
oubject to registration when it is diverted from the
use for which it was primarily designed and is used
to haul highway construction equipment and supplies
over state highways? In other words, if a contractor
finishes a job near Amarillo, Texas, can he place pay
loads of construction equipment on unregistered trail-
ers, semi-trailers and other unregistered vehicle6
and move such vehicles over state highways, which
they are not constructing or maintaining, to Beaumont,
Texas, where they have another job?
‘Or can materials, contractor’s equipment and
supplies, including gravel, asphalt, rock, structural
steel, etc. ba hauled from a supply point near Austin,
Texas, over state highways to a road construction proj-
act beyond Bas tr op, Texas, without the tranapor tine va-
hiclas having been registered?
“Are our load limit laws applicable ta vehicles km-
ing used as described in the two preceding paragraph&?
YAre the provisions Qf the Drivers’ License Law
I applicable to the operators of such vehicles?
*If the equipment in question is operating over a
8tate highway, are the provisions of the Uniform Traf-
fic Code applicable to the oparation of such vehicles? n
We will first quote the provisions of our statutes that,
in our opinion, are applicable to the questions submitted,
Article 6675a-1, V.C.S., provides in part:
“The following worda and terms, as used herein,
have the meaning respectively ascribed to them in thb
Saction, as followr:
“(a) ‘Vehicle’ means every device in, or by which
&ny person or property is or may ba transported or
drawn upon a public highway, except devices moved only
by human power or used exclusively upon stationary
rails or tracko.
“(b) ‘Motor Vehicle’ means every vehicle, a.8
herein defined, that is self-propelled.
I,
. . .
“(d) ‘Truck-tractor’ means avery motor vahick
designed or used primarily for drawing othar vohiclea,,
. .
Page 3 (V-979)
and not so constructed as to.carry CLl~oad.other~ than a
part of the +elght. off the.vehicle.snd ,load so drawn,
., ,, .,,” .A’,.
:: ,,:. . .,,
., ),
“(f) ‘~6U-trac;ta~~ means::dvery motor vehicle C
destgned or,,.used to,?:;dra+rg other: vehiclesor. loads,,
and not s.o constructed’as;to cprry h’load ‘independent-.
ly or any ‘psrt oft the-weight of the drdivn~load or, vehi-
.~, ~,~~
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“(g) ‘Trade;’ means kvery vehicle:d&ned’or
used tb carry’ itti load.wholly eon its own shuctura~and
to be d?awn~.by a motorvehicle; .~:. ,. 2... ~,’.,: w
,. ,... .*,:~,‘yYpi ;; ,,.,
“(h) ‘Semi~trhilW :~cltns,vahiclec,of.the.trsiler
type’eo designed ~r~used~inconjunction with a,,motor.
vehicle that some part of its ‘o%Wweight .and that of its
load rests upon or i&carried byanother vehicle;r
Y ‘~,
. . . : ‘.
,”(m) ‘P~b!ic,,H(;lhtHay’,shkll.inelude any&&i, ”
street; way, tkoroulhfare orbn~id~ge in’this State ,not .,
privately owned ‘or control,led ,for the use: of vehicles
‘aver ,which the State hai legislative jurisdiction under.
‘ICI police power’. .’ .’ :‘, : i .
I..
* ‘,
se,
“(q) By ‘operated or moved temporarily upon
the highways’ is meant the,,;operation :or ‘conveying be-
tween different farme. and the operation or conveyance
from the owner’s farm m-the place’+here his farm pro-
educe is prepared formarket orwhere same is actually
marketed and return. ~~ ‘: .’ “,
~,- ,,
“(r) ‘Implements ofhusbandry’ shall mean farm
implements, machinery and tools wasu~sed in tilling the
soil, but shall not include any passenger car or truck.”
._ / : :,,. ,~b,.
ArticW6675a;2 provtdes: :
“Every owner of a motor vehicle, trail.er .or semi-
trailer used or to be’ured upan the ,public highWaya of
this State ‘shall apply l ach’year to the :State ,Highway,De-
partment through the County Tax Collactoref the coun-
ty in which he resides for the registration of each such
vehicle ‘oktied ‘or controlled by him for th6 eno’utiq or
.~.~F ?~~,
Page 4 (V-979)
current calendar year or unexpired portion thereof;
provided that where a public highway aeparatas lands
under the dominion or cnntrol of the owner, the opera-
tion of a motor vehicle by ruch owner, his agents or
employees, acrom such highway shall not constitute a
use of ruch motor vehicle upon a public highway of this
State. Owners of farm tractors, farm trailers, farm
semi-trailers, and implomtnts of husbandry, operated
or moved temporarily upon the highways shall not be
required to register such farm tractors, farm trailers,
%arm semi-traiIers, or implements of husbandry; pro-
vided, however, that such farm trailers and farm semi-
trailers are operated in conformity with all provisions
of the law save and except the requirements as to regis-
tration and license: and providig further, that the ex-
emptions in thir section &all not apply to any farm
trailer or farm semi-trailer when the gross weight ex-
ceede four thousand (4,000) pounds; provided, that no
farm trailer or farm semi-trailer with metal tires
shall be permitted to operate at a speed in excess of
fifteen (15) milts per hour; and further provided, that
the exemptions in this section shall not apply to any
farm ,trailer or farm semi-trailer with steel tires of a
width less than thrtt (3) inches operating in txcess of
fifteen (15) milts per hour; and providing further, that
the exemption in this section shall nbt apply to any farm
trriltr or farm semi-trailer when the same is used for
hire; providtd, however, it shall be unlawful to operate
any trailer or remi-trailer at night without a rear red
light or red reflectors.”
Articleg70la provides:
“Section 1. When any person, firm or corpora-
tion shall desire to operate over a state highway suptr-
heavy or over-eice equipment for the transportation of
such commodities as cannot bt reasonably dismantled,
where the gross weight or sizt exceeds the limits al-
lowtd by law to be trsnsported over a state highway the
Statt Highway Department may, upon application, issue
a permit for the operation of said equipment with said
commodities, when said State Highway Department is of
the opinion that the same may be operattd without mate-
rial damagt to the highway, Provided, howevtr, that
nothing in this Act shall prevent tht full control of such
movements or operations on the stretts of citits and
towns by the ordinances of such municipalities.
“Sec. l-a. In order to facilitate the issuanct of
such special permits, the Highway Department shall
Page 5 (V-979)
designate in ea’ch countya speci41,:agent or 48ents
whopshall at ,a11 times be avail4ble for ,the:purpose j
of issuing such p&mite in’compJi4r;ct v&th~t,his’law:,
“Sec. 2. The applica’tion,fdr ‘a ‘permit aspro-
vided for iii this Act,; shal’be’ in,writfnng.‘and contain
the following: ‘, : .,
“(a) The-kind of tquipment,t’o be oper&td,“with
complete description’of the s4me,’ andthe.weight of ”
same.
“(b) ‘The kind of commodity to be transported,
andthe wkight Of’,S4me.~ ,,,‘.’ ,.. ”
“(c) The highway and ,the dietsrice, over which ~-1”
the s4me is to be operated.
“(d) The same shaWbe dated~and signed by ~tht
applicant. / ‘)‘::* ,, ,_,
“Section 3. Before 4 permit is issued the appli-.
cant for the same shall file with the State Highway De-
partment a bond in 4mount’to be, set, and approved by
the D’+rtment,; payable to the State Hi8hway Depart-
ment of Texas and conditioned that the applicant will
pay to the State Highway Department any damage, that
might be sustained to the highway by virtue of the op-
eration of the ‘equipmentfor which a’peimit fs ~isrue’d
to operate, and venue of any suit for recovery upon said
bond tiay be any court of competent jurisdiction in
Travis County. There’ sh4lf~4ls0~accWnp4hy the’appli’-’
cation for ermit a fee ofTFive ~Doliavs:;($5) for single
trip permi Pso, Ten Dollar% ($ I0)‘fo.r ~tlrne:permits not.
exceeding a periad of tblrtr.:(,30)‘days;;F~ftcen.Dollars
$15) for time permttr not exceeding 4 period of sixty
I 60) days and’Tw~&ty. DdHbr’si ($‘20) for fime’permits not
exceedin 4 period of:ninety (90) d&y;, w~hbchfee shall
be by the State Highway :Department deposited in’the, ,’
Treasury’of the State ,of-Texas to’the credit of the State
Highway Fund. All payments’of~fbes shall be,made by
cashier or certified check, post41 or express money
orders. As 4 furthers prerequisitt to the issuance of
any such permits, the equtpment to be operated under
such permit must ~hav&been~rtgfttered uhdqr Acts 1929,
Forty-firrt, Ltgislature; Sec,ond Calltd Seesion, Chap-
ter 88, aa’aintndtd-~brnbn’~~Civil Shstutcd 6b75a) for
maximum gross weight applicable to such vehicle uPdar
Stction 5. Acts 1929. Fortv-first Lenielature. Second
Page 6 (V-979)
Called Session, C
“Sec. 4. Any permit provided for in this Act
issued by the State Highway Department, shall be sub-
stantially in the following form:
“(a) It shall contain the name of the applicant
and shall be dated and signed by the State Highway
Engineer or a Division Engineer.
‘(b) It shall state the kind of equipment to be
transported over the highway, together with the weight
and dimensions of same and the kind and weight of the
commodity to be transported.
“(c) It shall state the highway and distance over
which the same is to be transported.
“(d) It shall state any condition upon which the
permit is issued.”
Section 8b of Article 66?5a, as amended by House Bill
No. 465, Acts 51st Leg., R.S., 1949, ch. 200. p. 376, reads as fol-
lows:
“No vehicle which has a total outside width, in-
cluding any load thereon, of more than ninety-six
inches, except that the width of a farm tractor shall
not exceed one hundred and eight inches, and except-
ing further that the limitations as to the size of vehi-
cles shall not apply to implements of husbandry and
hbhway building or maintenance machinery tempo-
rarely propelled or moved upon the public highways,
hall be’permitted to operate upon the h’ h df this
!*ate except under a special permit issu?dytr’tuch
movement by the Department. The fee for each such
special permit for the movement of overwidth vehicle8
including any load thereon, shall be in addition to the
registration fee required by law.”
Article 804, V.P.C., provides:
“Whoever operate4 upon any public highway a
motor vehicle which has not been registered as re-
quired by law shall be fined not to exceed two hundred
dollars. ”
Page 7 (V-979 )
Article.817, V.P.G, .provfdes: f,.. : *
“No petson shal,l,.operate or run on any public,
: highway zany vehicle whleh, has on its periphery any
block, log, stud, cleat; ridge, bead or any other pro- _’
,tubtrance of mttallthat shall project maze ~th+n one- 1’
fourth 6f bn inch btyond the trtad ‘or traction SUrfbCe
of the tirt, unless the saidwhetls are. protected by ‘. j .:
bands, woodtitbiocks, skids or some sufficient. device, ,~
‘to protect, the highway bgbin&t injuryby reaeoa.there-. : :
of., Nothing her,ein,shall prevent the useoftrsctien :
enginesw,ith cleats on thtTdiiving. wheels, thtrtohm i
dirt or unimprovtd roads, or the u$e of ~veBiclea ac-
tually engagt.d,bt tht~ timt~-in construction or~ztpbip ,’
work .on roads.: W,koaver-violates-bny;provieion of. .:
this srticle rhall be~ffned not to excttd,~onea hundred.
dollars.:’ ‘~, ,., ,‘, ;-
,.~
The regi&rbtiO&fets *providtd for by~Artf&e’ 66,75a,~et
seq.,‘are imposed for the use of TOtOr VehdCkS, trail8rS and stmi-
trailers upon the highways.’ Amotor~vthicle, traileror semi-trail-
er not us,ed ‘on the highwbysis not required ,t.obe registered. All
of such vehicles art required ti be rtgistered .if used on the .high-
ways with the one exception provided in ,Articlt ‘6675b-2which reeds:
‘,’
“Owners of farm ,tr,actors, farm trailers,; farm
semi-trsiltrs, and implements of husbandry, operated
or ,moved temporarily -upon :the. highways shall not ,be
required to register such farm tractors, farm trailers,
farm semi-trailers, or implements of husbandry8 eO.”
It is cltar that highway building, and maintenance machin-
ery does not fall within this:,excrptfon ‘, Therefore~ each ,septarate
piece ,of such madhinery or equipment.which falls,within,the stttu-
tory definitions of either a ,motor. vehicle; trudk-tractor ;road trbc-
tor, trailer. or semi-trailtr is, re:quired,,to.be rtgiatered’before it
can bt operated~ upon,the publia highways. This:is,.so whether ,or
not it is being “temporarily pr,opelied or,, moved uponthe ,public high-
ways. ” The only time that a temporary movement upon the highvays
becomes mattrial as tomhighway buildfng, or! niaintenance machinery
under our rtgistration stttutes,,‘jir, :in:mfertncb to tht .s~cuFfag of
a spec,ial permit. Art. ,6675a, Sec. .Eb.
,.,..:
Article 6675a-:l ,stdtes that a vehicle means every device
in, ,or by which any personer property is or may, be .tr.aaspor~ted or
drawn upon a public highway (exa&t devictn moved only by human
power or used exclusively upon stationary rails or tracks). The stat-
ute then defines a motor vehicle to mean every vehicle that is self-
propelled. You submitted with your request pictures of various
PbgU 8 (V- 979)
Mghway building and mainttaaace machinery. Some of these items,
by teb8on of having on their periphery either blocka, lugs, studs,
clontr, ridges, btads or other protuberance of metal which project
molt than one-fourth of an inch btpond the tread or traction eur-
fbCt, cannot be permitted to hare1 on the public highways, rrcept
on dirt or unimproved roads or while actually engaged %nconstruc-
tion or repair work on roads, unless the wheels are protected by
bands. wooden blocks, skids or some sufficient device to protect
tk highway against injury, Art. 817, V.P,C. These items would
tiy be required to be rtgistered whep they are ustd 011dirt or un-’
improved roads, or on other roads when the periphery is properly
potected sobs not to injurt tht highway. Of course these as well
as all other highway building and maintenance machinery that is not
propelled or moved on tht public highways except while actually ea-
gaged in the construction or repair work on the roads or highways
are not requirtd to be registered. Every device which is trans-
ported or drawn upon a public highway, in or by which any person
or property is or may be transported is required to be registered.
This is so, whether the property transported is made a part of the
dtvtce by the manufacturers or by others. It may be only a d?ng
line, steam shovel, roller, sweeper or other machinery which is
permanently attached so as to render the device useless for any
othtr purpose. Of course, such highway building and maintenance
tquipmeat cannot move upon the public highways after being regis-
tered, if they txceed the legal load limit, without obtaining a SpaCibl
permit. Art. 6675a, Sec. 8b. This article exempts highway build-
ing and maintenance machinery from the necessity of securing a
special permit when the sizt of the device exceeds the maximum
dimensions,
Stction 3 of Article 6701a, as amended by House Bill
No. 465, 51st Leg., R.S., 1949, ch. 200. p. 396, provides that over-
w~tight or over-she equipment to be operated upon the public high-
wnys, must be registered befott a pertnit can issue. If this mobile
over-weight highway machinery is not subject to registration, theo
At could not be moved over the highwaya, txcept by lading it on a
wgistered truck, 8s a permit could not be issued to allow s&me to
move on the public highways on its own periphery.
All vehicles subject to registration before moving upon
the public highwbys are subject to the load limit (Art. 827a, Sec. 5,
V.P.C.) and drivtrs’ license laws (Art. 6687b, V.C.S.) bnd the uni-
form traffic code (Art, 6701d, V.C.S.). We do not find bny statute
making exceptions as to highway building ncul maintenance equip-
ment which operates upon the public highweys bS registerable vehi-
cles.
Page 9 (V-979)
SUMMARY
Highway building and maintenance machinery
which falle within the statutory definitions of either
a motor vehicle, truck-tractor, road-tractor, trailer
or semi-trailer is required to be registered before
it can be operated upon the public highways, either
temporarily or otherwise, Such equipment that is not
propelled upon the Public highways except while actu-
ally engaged in the construction or repair work on the
bighwaya is not requtrad to be registered. Every de-
vjce which is transported or drawn upon a public high-
way, ip or by which any parson or property is or may
be tramported is required to be registered, even though
the property transported is made a part of the device
by the manufacturers or by others. Highway building
and maintrnance equipment which exceeds the legal
load limit, cannot move upon the public highways after
being registered without securing a special permit,
All vehicles which m-e subject to registration, includ-
ing highway building and maintenance equipment, are
subject to the road limit (Art. 827a, Sac, 5, V.P.C.) and
drivers’ license laws (Art. 6687b, V.C.S.) and the uni-
form traffia code (Art. 6701d, V.C,S.).
Yours very truly
ATTORNEY GENERAL OF TEXAS
BY
WVG/mwb
APPROVED
~--LLs. oLe&-
EXECUTIVES ASS
Y? STANT
ATTORNEY-GENERAL
Untitled Texas Attorney General Opinion
Combined Opinion