Untitled Texas Attorney General Opinion

. B-66 THE ATTORNEY GENERAL OFTEXAS 1947 Hon. Stirling T. Phelps Opinion Wo. V-66 County Attorney Webb C,ount y Be: Construction of Article Lmdo, Texas 827b, Sections 1, 2, and 5, Vernon’a Anno- tated Penal Code of Texas Dear Mr, Phelps: This is in reply to your letter of January 22, 1947, supplemented by your latter of January 30, 1947, requesting the opinion of this Department on the con- struction of Article 027b, Sections 1, 2, and 5, V.A,P,C, We summarize the facts stated in your two let- ters as follows: “In Laredo, Texas, there are a number of companies and persons engaged in the trenspor- tation of commodities for compensation or hire between Laredo, Texas, on the one hand, and Wuevo Laredo, Mexico, and interior points of Mexico ) on the other hand, and vice versa. Reciprocity with respect to registration of motor vehicles, trailers and semi-trailers that are operated for hire does not in fact exist between Texas and the Republic of Mexico, In some instances, residents of Laredo, Texas, that are engaged in this motor transportation business, in an effort to escape penalties in- posed by Yexioan authorfties on Texas motor vehicles operating into and out of Mexico for hire, use trailers and semi-trailers belonging to nonresident Mexicans. These trailers and semi-trailers in most instances have no Mexico registration plates of any kind or characterr ‘The County Attorney of Webb Couaty is of the opinion that under Artiole.BZ?b, Secticne 1, 2, and 5, V. A. P. C., none of the trailers and semi-trailers above described oan be operated In Texas for compensation lr hire unless regis- tered in accordance with Texas Law regulating Hon. Stirling T. Phelps, Page 2, V-66 the registration of Texas owned trailers and semi-trailers operated for compensation and hire; and that a nonresident temporary regis- tration certificate provided for in Article S27b, V. A. P. C., does not apply to motor vehicles, trailers and semi-trailers used for compensation or hire." We 'have consulted the Mexican Consulate~in Aus- tin, Texas, .and we are advised that reciprecity does not exist between the Republic of Mexico and Texas in regard to the registration of motor vehicles, trailers and semi- trailers operated for compensation or hire, and that the Laws of Mexico do not authorize a motor vehicle, trailer or semi-trailer,,thatis being operated for hire to make any trips inte the'Bepublio:of Yexico without being prop- ~erly'registeredunder the Laws of Mexico, even though '. thevehicle is properly registered in the State or Coun- try of the owner of the pa,rticularvehicle, Based upon the factsstated in your letter, as we,11as-the represem- tations msde to us by the Mexican Consulate, we assume as a fact that reciprocity does not exist between Mexico and Texas with regard to the registration of vehicles : . aperated for hire. On the facts stated in your two letters, and as sunvnarizedabove, you ask our opin$ea ,BS to: .~ (1) What constitutes a violation of Article., S27b, Section 2, V. A. P. C. under the facts stated? # (2)’ Does Article S27b, Section 5, V. A. P. C,, apply to others than a nonresidents? Article S27b, Section l,.V. A. P. C,, Iefines 'a nvehiolen, "motor vehicleWp WtrailerW and Rsemi-tn~lr~‘~~ as follows:~~ +%ehicle' means every device is; or’by I^. which any person or property is or my be tratis:,'.:-~' ,pwted or drawl upon a publio highway, exoept de- vices moved only by human power or used exolu- sively upon stationary rails or traOk13.~ . e%otor VehicleD means every vehicle as . herein defined which is self-propelled.m n*Tnilerl means every vehiole without motive pglrerd- or used for carrying property or .,r, .~’ , . Han, Stirling T. Phelps, Page 39 V-66 passengers _ - wholly on its . ~ own _ -structure and to oe arawn ay a motor venrcLa,w RISeni-trailer' means every vehicle of the trailer type so designed or used in conjunction, with a motor vehicle that some pnrts of its own weight and.that of its own lead rests upon or is carried by a motor vehicle." Article 827b, Section 2, V. A. P. C., reads in part as r0ii0wg: *A nonresident owner or a motor vehicle. trailer or semi-trailer which has been duly regis- ‘inn such vehicle as othsMf&s reaufred br law. apply te the State Highway D,epar&ent through-a County Tax Collector far the registration there- Bndar the above quoted portion of the Act in order,for a person to be entitled to registration of a motor vehicle, trailer or semi-traflar as ,anonresfdent nnd thereby secure a temporary registration eertiifcats, he must be (1) a nonresident of the state; (2) the ve- hicle in questfon must have been duly registered ror the current year in the State Or aountry of whfch he Is a resident; (3) the registration muat kave been in accord- ante with the laws of the State er country of which he is a~resident; and ($) the vehicle in questfon must not be operated for Qomoegsatien ef hire,*fthfn this Statp, A portion of the question presented, in so far as it relates to a twok (whioh under the defiaiti&n givea in the Aot ia 8 Rotor vehiale), has been heretorore an- swOred by this Department in Opinion Iie.09, dated Jan- uary 10, 1939, rroinwhich we quote: 827b, Section 2, of the Penal Code "Article provides that motor vehfoles registered under the laws or another etate, and being operated for-compensatfon and hire, will be permitted to Hono Stirling T. Phelps, Page 4, V-66 come into Texas two trips per month, and not to stay fn excess of four days on any one trip, providing truck operators from Texas operating for compensation and hire are granted the same Privileges under the laws of the other state. The State or Oklahoma doss not grant thfs priv- The Act above quoted states “except that the privileges granteb d . 0 shall not apply to any motor vehicle, trailer,or s-f-trailer operated within thie state for the traa%portation %f person% or ptiperty for oempensat$om or hire! s and we are therefore of the epin- ion that inarmuch as,the trailers and sahf-trailers de- %cribed bg ye@ are bei opera)od id this state for com- pensation and hfe%$ it“f8 being done ia violatl%n bf-law, and they rhbuld d%t be permitted to operate Pn the State or Texas.ritheut being properly registered under thr laws or this *me0 Ybu are further advised that in view of the fact that the trailers and semi-trailers are being oper- ated for Ml?%, sue* prohfbits the owntr from obtaining a *non-reside& regfR,trationcertificate7 as provided for Qr the Act 0 Irb exprbse na opfnfbn (I,% to whether or not %trril%~,w and W%emi-tra~lersw are inaluded in the so- cafled nr%oiprocity olausev of’t:heAot 9 because under the fact8 stated, reciprocity does.not in fact exist, in your second questfod you ask whether or not Sectian 5 of Article 827b, supra, applies to others th%n nonresiden&s 0 Artiofb 827b, Sectian 5, V. A. P, C,, provfdeo in pa* a% folMws8 *No non-resident owner of a motor vehicle, ‘. - trailer or ssmf-trailer shall operate any such vehicle or cause or permit it to be operated v. upon the public highways of this State, either Han, Stirling T. Phelps, Page 5, V-66 before or while it is registered under this Section, unless there shall at all times be dis* plaved thereon the registration number plates assigned to said vehicle for the current csleendaryear by the country or state of which suoh owner fs a resident, nor unless the certificate of temporary registration, when issued as fn this section provided shall.be placed on said motor vehicle fn the manner to be specified by the Department. Provided the Department shall not adopt any patented centafnero holder or device for the ‘. certfffcate of temporary registration nor shall any visitor be required by said Depart- ment to purchase or bare said container, hoider or device for aafd certfffcatr G 0 o* There being no court decisions relative to the Article in question, it fs necessary that we review and study the various legislative enactments relating thereto in order to sscertafn the legislative intent. The Aot (Article S27b) s of whfoh Seotfon 5 is a part, was origi- nally enaoted and embraced fn Senate Bill No, 95, Fonty- first Legislature, 1930, Fourth Called Session. Thr caption ,tathis bill reeds as follows: “An Act providing for the temporary regis- ,trationor visiting privileges in this State of vehicles owned by citizens of another state or country and duly registered under the laws of said state or country for the current year; prescribing restrictions under whfch vehicles may be operated; prescrfbfng penalties for any violation hereof; repealing all laws and parts of Laws in conflict herewith; and declaring an emergenty 0n Senate Pill No. 95 was repealed fn its entirety by House Bill No, 83, Forty-first Legislature, 1930, Fifth Called Session, and House Bill No. 83 gave usI with the exception of Saotfon 2, Article 827b in its present form0 The caption of Bouse Bill No, 83 reads in part as follows: “An Act providing for the temporary regis- tratfon --,- of visitfng privileges ‘fn this State, of vehicles owned citizens of another state EZJ;zf”a”tr+ and duliYregistered under the laws s ate or oountry fo&qthe current year e . Han, Stirling T. Phelps, Page 6, V-66 0 presoribing restrictions under which said vehicles may be operated; providing certain ex- ceptions and exemptions e O en (Emphasis ours) Section 8 of House Bill No, 83 recited, among other things, the “fact that the law now on’the Statute books of this State regulating the operation of motor vehicles owned by non-residents is burdenaoma and D * a” mphasis ours 1 It is obvious that Article 827b, V, A. P. C*, is a statute designed for, and for the purpose of, regu- lating vehicles of nonresident owners temporarily in this state. It was designed to grant nonresident owners certain privileges with reference to the operations of their vehicles while temporarily within this state, and the Legislature in enacting the law’obviously did not want to extend any privilege to a nonresident owner that a resident citizen of this state did not enjoy0 Article 807b, Section 6, 0. A.~P. Cb, requires any person who operates a road tractor, motorcycle, trail- er or semi-trailer upon the public highways of this state to have attached thereto and displayed on the resr there- of a lioense plate duly and lawfully assigned therefor for the current year@ It has been many times declared by the courts, and observed by writers on the subject of “Motor Vehicles”, that the main purpose of a license plate, other than taxation, is for the purpose of identification, 5 Am. Jur, ) Sections 91, 111 s pages 567, 573. In enaot- inrSe=on 5 of Article 827b, supra, the Legislature brought forward this requirement with reference to non- resident owners of vehioles who scoured temporary regfse tration oertificates, and provided for penalties for dis- obedience thereof e From what has been aaid above, we are of the o inion, and you are so advised, that Section 5 of Arti- oa e 827b, V. A. P. C;, was designed for, and applies to nonresident owners of vehicles, and it was not designed to apply to others than nonresident ownerao SUMMAHY (1) Trailers and semi-trailers as defined in Article 827b, Section 1, V. A, P. C., that are owned by nonresidents and used in trans- portation for compensation or hire over the )ublio highways of Texas cannot obtain a “tern- porary registration certificate” as provided Honp Stirling T. Phelps, Page 7, V-66 Par in Article 827b, sup-rapbut in order for their operation to be lawful, such trailers and semi-trailers must be registered in accor- dance with Texas Laws regarding the regis- tration of oommercial vehicles* (2) Article 827b, Section 5, VJ Ai P. Co, was designed for, and applies to nonresident owners of vehicles, and not to others. ".I,: . ., Yours very truly ATTORNEY GENERAL OF TEXAS BY -m- Charles D, Mathews Assistant APPROVED FEB. 0, 1947 z?.e- (aiiifa ATTORNEY GENERAL CDM:jt:jrb Approved Opinion Committee By BWB, Chairman