r I
R-369
T
Hon. W. J. Elliott, Chief
Texas Highway Patrol
Texas Department of Public Safety
Austin, Texas Opinion No. V-179
Re: The applicability of Sec-
tion (c) of Article 6686,
V.C.S., to an. intransit
operator or carrier who
is not a dealer.
Dear Sir:
Your letter of April 14, 1947, requesting an o,pinion reads
as follows:
“An intransit operator, having complied,with the
second section of B, Article 6686, is arrested for not
having affixed to the windshield a sticker not less
than three inches in diameter, stating that such ve-
hicle has been driven or towed from point of manu-
facture, as outlined in Section C of Article 6686.
“Section B of this Article provides that an in-
transit operator shall pay $50.00 for the first such
registration fee and $3.00 thereafter for each num-
ber; and Section C provides that every motor vehicle
driven or towed from outside this State for the pur-
pose of sale within this State shall have this wind-
shield sticker affixed.
“We request an Opinion as to whether the in-
transit operator, bringing such vehicles into this
State, operating as a transport company for the sole
purpose of bringing these vehicles from the manu-
facturer to the dealer, is required to have the sticker
affixed showing ,that the car has been towed, as re-
quired in Section C of this Article; or whether this
particular Article is directed at the dealer to whom
these cars are to be delivered and who presumably
will later sell them.”
Supplemental facts verbally supplied by you subsequent
to the date of your written request are to the effect that the intransit
3% Hon. W. J. Elliott - Page 2 Opinion No. V-179
operator in question is not a dealer as that term is defined by Ar-
ticle 6686, V.C.S., but on the contrary, is a co-on carrier by
motor vehicle in interstate commerce, and is presently operating
under the jurisdiction of the Interstate Commerce Commission
pursuant to authority granted by that body authorizing the trans-
portation of motor vehicles in interstate co-exe by the “drive-
a-way” and “towing” methods. The motor vehicles in question
were driven and towed by the intransit operator from the place of
manufacture outside the State of Texas, and delivered to a dealer
in the State of Texas. You have also stated that we are ~to assume
that the intransit operator in question has. complied. with any and
all requirements of the Railroad Commission of Texas under then
provisions of Article 911b, V.C.S.
The question presented is whether or not the provisions
of Section(c) of Article 6686, V.C.S., are applicable to an intransit
carrier of motor vehicles by the *drive-a-way* and “towing” meth-
ods, and must be complied with in order to lawfully drive such mo-
tor vehicles over the public highways of this State in rendering ~a
common or contract carrier delivery service by means of ,such
methods.
Article 6686, Vernon’s Civil Statutes, provides in party
as follows:
i
-(&Any manufacturer of or dealer in motor
vehicles~ in this State may, instead of registering -
each vehicle, he may wish to show or demonstrate
on the public highways, apply for registration and
. secure a .general distinguishing number which rnay~~~ ~.
.be attached to any motor vehicle or motorcycle which
he sends.~temporarily-upon the .road. . . .
..‘(b) Each dealer holding a dealer’s license may
issue temporary cardboard nurders.~,using such deal-
er’s number thereon . . . Any dealer, or manufacturer
may use such cardboard license plate for the purpose.
of operating or conveying a motor vehicle, trailer, ,or
semi-trailer from his place of business in one part
of the State to :his place .of business ‘in another part
of the State, and for the ~purpose of operating nor son-
veying a motor vehicle., traikr.. or semi-trailer from
the point where it is unlo;aded to his places of business,
and may also use such .Cardboard number in transport-
ing a motor vehiclei trailer, ,or. semi-trailer from the
State line to’his~place of-business. . . .
“Any person, firm, or corporation engaged inthis
State in the business of transporting and delivering ,by
Hon. W.~ J. Elliott - Page 3 opini0at H0. v-179
means id lh fulkmeuat method, t&e sa&dle meunt
method, the tow bar mehbad, er lny other cembina-
tion thereof, and uader their oWa power, new vehic- ‘;. 2:;
lee from the manufacturer or my ether potnt et
".,!l.i;i /,,t,; ;..~.::;*;
origin to any point of destknation w&thin the &ate ,0f ,.j* ; i :is+ ,‘..:.: “;:
Texas, shall make applicaMon to the St-&s Highway
Commission for a drive-a-way in-kaneit license.
This application for annual license shall be accom-
panied by a registration fee ai Pifw DsUars‘ ($50) .
and shall contain such idcr~er the State High-
way Coinmission msy’require. Upon the fiiiag ef the
application and the payment of the fee,, the &ate Highl;. ,.~j:,. ,
way Commission shall i,eeue ts each drive-r-way
operator a general distinguishin number, which nun-
ber must be carried and displayed by eaqh mobr ve-
hicle in like manner as is now provided by law for
vehicles while being operated upon pub@ highways
and such number shall remain 011 the vehicle or ve-
hicles from the manufacturer, OCR any poi+t sf origin,
to any point of ~deethation wfthfn the State of Texas.
Additional number platee~berring ~cBe same distin-~
guiehing number d&Fred by any drive-a&way eperat0r
may be secured from the,State Highway ~Cormniseion
upon the payment of 0 fee of T&e+ Pellars ($3) for
each set of additional license plates. Any person, firm
or corporation engaging in the business 8s i drive-r-
way sperator of traneportily UJ delivering by means
of full-anunt m0tho.d. tke s&&e m0unt~met&sd, the
tow bar methodi or any combbatdan tbekaaf, and un-
der their own power, new mater vehicles, who fails
or refuses ta file or cause to be filed an applicati0n.
as is required by law; and tb pay the fees therefor as
the law requires, ,shall be found guilty ef violating the
provisions of this Act and on canviction be fined net
lees than Fifty Dollars ($50T land mot m0re than Two
Hundred Dollars ($200) and all the costs of Court.
Each day so operating without securing-the license
and plates as required herein eha&l aenstitute a~aepa-
rate offense within the meaning ef this Act. The funds
collected herein shall be paid i&e &a C%ener,al Revenue
Fund of the State subject only to apptoprf&llon by the
Legislature.
“(c) Every mot0r vehicle that has been driven
under its own power, or towed mei vm0m
& *fit$&&re Wanufacwed eutside this State for the
pu&ose of sale within th&s State, sh0U h0ve affixed to
the windshield or front thereof in pLrin view e~Sie#kW
.
Hon. W. J. Elliett - Page 4 Opinion No. V-179
qwwwfocturo,d. Such notice s&al1 remain on such
i%lilCH tw& ‘c sale thereof by the dealer. (Em-
phasis 0:s)
..
1 , .”
Article 6686, supra, was, with t&e exception of the above
quoted second paragraph of Sectien (b), cnicted by Chapter 158,
page 302, Acts of‘the Ferty-fifth Legislature, Re,gular Session,
1937. The second paragraph ef said Se&on (b) wrs’added by Chap-
ter 5, page 61,3, Acts of the Forty-sixth Legislature, Regular Ses-
Am, 1939.
~Prior to the amendment in 1939’as~ embraced in Chapter
5, page 613, Acts of the Forty-sixth Legislatur~e, Regular Session,
the act in questio,n, related only to dealers and manufacturers. Ne
prevision was contained therein aMhoriaing~ the transportation and
delivery of a motor ,vehicle by mean~sof driving or towing over the
public highways ,of this State by one not + dealer or manufacturer
without proper and separate registration of e~tch vehicle.
We think it is clear from a~ reh&ng of the act as. ,a whole
that a compliance With the provisions of Section (c) of Article 66g6,
supro, is not a necessary prerequisite to the lawful movement by a
dealer of a metor vehicle by driving ,a$ towing ever the public high-
ways of this ~&ate from one,place .ef .b~ixsinesr k 8nother place of
business. or frem oint of unloading totbe dealer’s place of busi-
ness, or from the f tate line,
. to the dealer?s,plrce of business in this
State, or when driven everthe highwrys~,for the purpose of demen-
stration.
Tbe evident intent and pnrpose of the Legislature as ex-
pressed in Se,ctien (c) of Article 66g6, suprr, is the protectien of
the public in the purchase of a motor vehicle. Inthe e,vent a motor
vehicle is driven under its own power, or towed by anether vehicle,
from place of manufacture outside the State to the place of sale in
the State, a prsspective purchaser is entitled to be apprised of such
fact in advance of his purchase of the vehicle. In order te insure
that the purchaser will have prior knowledge of such fact, the Leg-
islature has required the affixing of a &i&et te the windshield of
the motor vehicle stating such fact. It serves *spa notice to the
prospective purchaser that the vehicle has been driven or towed
from the place of manufacture to the place of sale in *is State.
The express wording of Section (c), suprr, clearly indi-
cates that the Legielatuee contemplrted,the affixing af the sticker
to the windshield by the dealer afte,r,.the motor vehicle had been
driven or towed te his place~of busines8,,and not befoew, or during,
the time it was being driven or towed, This is, neceswrily true,
c. ,
.Hon; W. J. Elliott - Page 5 ., Opinion No. V-179
because the wording of Section..(c)i supra, is, in the past tense, and
expressly relates to a motor vehicle *. . . that has been driverrun-
wer or towed” and the .langud bse reouired on the stick-
to the wii%&hield isto the elfect ‘. . . that such
vehicle has been dr~iven or towed. . .” ,(Emphasis ours)
,‘~
As previously’ebserved the Legislature in 1939’amendei
Article 6686, V.C.8.. as it then existed (Ohsptet 158. page ~342, Acts
of the Few-fifth Legislature, Regular Session, 1937), by enacting
Chapter 5, page 613, Acts of the Forty-sixth Legislature, Regular
Session, This amendment added a.new and separate pbragraph to
Section (b) of sa@Article expressly authorizing perseas engaged
in the business of delivering motor vehicles by.means of~the ‘drive-
a-way” and “towing? methods to secure a drive-a-w.ay transit li-
cense from the State,Highway Commission,-and receive a,.general
distinguishing number, ta,,be displayed on each vehicle whiie being
moved by. the “drive-a-way”: or :?towing* .metbed.in lieu of a sepa-
rate registration of each vehicle a,s otherwise requiredby law. The
reasen for Ws amendment instersely stated in the smerg(rrPCyclause
of Chapter -5, supra,. wherein it is, stated:~ .,
“The fa?t that~the.present law rtgulatesenl~ auto-
mobile dealers bringing new vehiules into the State, and
the ~further,frct, that there are many motor vehiolt 6
brought into the, State of Texas over its~ public higbw&yo
by drive-a-w~ay operators who are not licensed under the
present law, create an emergency. . . .I
Under the facts stattd by you the intransit operator or car-
rier in question complied with all the previsions of Section (b) of
Article 6686, suprr, relating to an intransit operator or carrier, but
the did not comply with the previsions of Section (c) of Article 6686,
supra.
As has been previously. stated, Sactfen (c) of Artfcle 6686,
supra, is applicable to dealers, and then only after the vehicle has
come to rest at the dealer’s place of business, and is offered for sa&
to the public. It has no application, and is not a prerequisite to the
lawful driving and movement of a vehicle over the highways of this
State;by a dealer complying with and coming within the provisions of
Section (a) and the first paragraph of Section, (b) of ArtWe 6686, su-
pra, Nothing is contained in Chapter 5, page 613, ACts of the Forty-
six& Legislature, Re ular Sessta@, 1939, which is now the second
paragraph of Section fb), supra, indicating in any manner that the
Legislature intended or provided that the provisions of Sectisn (C),
supra, should apply to an intransit operator and carrier. Section(c),
supra, has remained unchanged since 1% origiaal enactment as a
part of Chapter 158, page 302, Acts of the Forty-fifth Legislature,
Regular Session, 1937; and it is our opinion that it does not apply to
Hon. W. J. Elliott - Page 6 Opinion No. V-179
an intransit operator and carrier such as described by you.
It follows from what has been stated above that the ar-
rest of the intransit operator for failure to have the stickers pro-
vided for in Section (c) of Article 6686, supra,~affixed to the wind-
shields of the motor vehicles he was moving by the “drive-a-way”
and “towing’ methods as a carrier for shire was improper and not
authorized by law.
SUMMARY
The provisions of Section (c) d Article 6686,
V.C.S., requiring each motor vehick that has been
driven or towed from place of manufacture outside
this State to place ef sale within the State to have a
sticker affixed to the windshield stating such fact,
apply to a dealer when offering the vehicle fer sale,
but do not apply in any way to an intransit operator
or carrier transporting and delivering motor vehi-
cles by means of the drivel-a-way and towing meth-
ods under a drive-a-way intransit license provided
for in Section (b) of Artic,le 6686, supra.
Yours very truly,
ATTMRNEY -NEPAL 4% TEXAS
Assistant
C19M:jt:sl