Untitled Texas Attorney General Opinion

THEATTORNEY GENERAL AUSTIN ~~.TEKAS PRICE DANIEL ATTORNEY GENERAL April S; 1947 Hon. Roy A. Jones Opinion No. V-130 County Attorney Cottle County Re: ‘Whether the operator of a Paducah, Texas pickup truck used in trans- porting the tools and ac- cessories of his trade ie required to have a Commerqial Operator’ e license under Article 6667%; v. c. 9. Dear Sir: Your letter of March 17, 1947, requeeting an opinion reads as fo&lows: “Article 6687b, Section l(n) of the Civil Statutes of Texas defines a Commercial Oper- ator as ‘every person, who is.the driver of a motor vehicle .designed or ueed for the trans- portation of property, including all vehicles used for delivery purposes, while said vehicle is being used for commercial or delfvery pur- poses.’ % a plumber who is operating his own pickup truck and carrying only his toolsand an assortment of aecissories ,n6cesear to carry on his ooenpation required to o t tain a COIWWCI~L.Operator’s License or, may he op- erate the said truck with only an Operator’s Licens81n Ar&le 66@b-1, Vernon’,.a OiVQ ,:&atutes, pro- vides, in part, as follow8,: WIT follf.Mxag words and phraris when ui6d in this Act shall, for the purpose of this Act shave the meanings respectively ascribed to them in this title. ”. . 0 Hon. Roy A, Jones - Page 2, V-130 “(1) ’Driver. 8 Every erson who drives, or is in actual physical contra f of a vehicle. “(Ia) ‘Operator. 1 Every person, other than a chauffeur.or commer,&al operator, who is in, ,adtual physical control of a motor vehicle upon a highway. “in) t Commercial Operator. t Every person who is the driver of a motor vehicle designed or used far the transportation of property, in-, eluding all vehicles used for delivery purposes, while said vehicle is being used for commercial or delivery purposes. A. . . ” Article 6687b-2 Verncncs Civil Statutes, provides, in part, as foliows: “(a) No person, ercopt those hereinafter ex- pressly exempted, @hall drive any motor vrbicle uppn a highway in this State unlem such person has a valid license aa an o~perater, a commercial operater, or a crhauffsur under the provioions of this aot. l’(b) Any person holding a valid chauffeur’s or commercial operator’s license hereunder need. not procure an operator’s licenei. n . . *” A pickup truck is a motor vehicle upon which or by which property is,or may be transported. Bass Drilling Company 1. RP 101 F. (2d) 316 (C. 0. A., 1 By its actua d’ esign it is to be used for the purpoie of transporting articles of Property. Under the facts stated, the pickup truck in question is ac- tually being used by the owner and operator to trans- port the plumbing tools and accessories necesearyto the proseeutien of his trade as a plumber. Such teels and acceerorles are articles of preperty. n~o~er~ia~~p~~~~o~;ss~F~o~~%~~ ~,heS%WfPn”)“~f’ Article 6667b’ V. C. S the langua e used refers to a person who 1s drivini’a motor veh f cl6 vdeelgned or used for the transportation of property”, and “while Hon. Roy A. Jones - Page 3, V-130 said vehicle is being used for commercial or delivery purposes." It is apparent from this language that in determining whether or not a articular driver of a motor vehicle is required to Ee licensed as a "Commer- cial Operatorn the testte be applied is the use to which the vehicle is being put. This is the rule hcretofere announced in our Opinion O-3936 on Decem- ber 19; 1941, and followed in inion O-n49 dated ' Maz612, 1945, and Ovinion O-7 , dated Septimber 26, . The evident intent of the legislature as ex- pressed in the words of the statute is to require the driver or eperater ef a metor vahicie to be licensed as R WCemmercial Operator* when such vehicle is actually being used at the time for the purpose of transpertiag property. There is no requirement in the statute that the transportation of the property must be for cempen- sation or hire; nor is there any statutery exemption in favor ef a person merely because he is transporting his own prcperty. Applying the test herein statedto the facts under consideration, it is our opinion that the wner and driver of the vehicle in question is required to obtain a "Commercial Operator161icense. SUMMARY The owner and driver of a pickup truck, which is used in transporting his plumbing tools and an assortment of accessories nec- essary to his trade as a,plumber is required under Article 6687b-l(n) V.~C. A., to be li- censed as a Wemmercial dperator=. Yours very truly ATTORNEY GENERAL OF TEXAS ATl!ORNEYGENERAL Charles D. Mathewr Aasiatant CDM:jt :jm