THE ,!$TTORNEY cENEKAL
OFTEXAS
AUSTIN ~,.TEXAS
GROVER SELLRRS
Hon. W. J. Elliott. Chief
Texas Highway Patrol
Department of Public Safety
Austin, Texas
Dear Mr. Elliott: Opinion NO. 0-6202
Re: Should a one and one-half ton
Ford Truck with a corn sheller
and grinder attached thereon,
used over the highways for the
purpose of grinding and shell-
ing corn on a commercial basis
for various and sundry people,
other than the owner of such
vehicle, be classified for
registration purposes as an
implement of husbandry, a com-
mercial motor vehicle or a farm
vehicle?
Your opinion request of recent date has been re-
ceived and we quote from same as follows:
'Can E. A, Weyel, Seguin, Texas, operate a
one and one-half ton Ford Truck with a corn sheller
and grfnder attached thereon for the purpose of
grinding and shelling corn for which he receives
toll in corn or moneys for grinding or shelling
said corn over the highways of Texas without the
same being registered in Texas? This truck oper-
ates from Seguin over various highways and roads
to the individual farms in this vicinity, and he
claims that this vehicle with the aforesaid a'ctach-
ments thereon is an implement of husbandry and,
therefore, is not required to be registered under
the laws of Texas- The operator is not a farmer
but a business man of Seguin, Texas.
"Your opinion is requested as to whether
the above vehicle is an implement of husbandry,
commercial motor vehicle, or farm vehicle and how
should same be registered under the laws of Texas."
Article 6675a-.2 provides in respect to registration
of motor vehicles, etc., generally, and for exemption of cer-
Hon. W. J. Elliott, page 2 o-6202
tain vehicles and "imolements of husbandry', particularly as
* follows:
"Every owner of a motor vehicle, trailer or
semi-trailer used or to be used upon the public
highways of this State shall apply each year to
the State Highway Department through the County
Tax Collector of the county in which he resides
for the registration of each such vehicle owned
or controlled by him for the ensuing or current
calendar year or unexpired portion thereof; pro-
vided that where a public highway separates lands
under the dominion or control of the owner, the
operation of a motor vehicle by such owner, his
agents or employees, across such highway shall
not constitute a use of such motor vehicle upon
a public highway of this S,Cate. Owners of farm
tractors, farm trailers, farm semi-trailers, and
implements of husbandry, operated or moved tem-
porarily upon the highways shall not be required
to register such farm tractors, farm trailers,
farm semi-trailers, or implements of husbandry;
provided, however, that such farm trailers and
farm semi-trall,ersare operated in conformity
with all provisions of the law save and except
the requl:ements as to registration and license.
. . . . .
Article 6675a-6 provides that the annual license
fee for the registration of a commercial motor vehicle or
truck tractor shall be based upon the gross weight and tire
equipment of the vehicle, and sets out a table or scale of
such fees.
Article 6675a-6a provides, in regard to registra-
tion of farm commercial motor vehicles, as follows:
"When a commercial motor vehicle sought to
be registered and used by the owner thereof only
in the transportation of his own poultry, dairy,
livestock, livestock products, timber In its
natural state, and farm products to market, or to
other points for sale or processing, or the trans-
portation by the owner thereof of laborers from
their place of residence and materials, tools,
equipment and supplies, without charge, from the
place of purchase or storage, to his own farm or
ranch, exclusively for his own use, or use on such
farm or ranch, the registration license fee, for
the weight classification herein mentioned, shall
Hon. I?. J. Elliott, page 3 0 -6202
be fifty (50%) per cent. of the registration fee
prescribed for weight classifications in Section
6 of the AC! hereby amended, as amended in this
Act; . . .
Article 6675a-1 gives the following designated
definitions:
"(i.1 'Commercial Motor Vehicles' means any
motor vehicle (other than a motorcycle or passen-
ger car) designed or used primarily for the trans-
portation of property, including any passenger car
which has been reconstructed so as to be used, and
which Is being used, primarily for delivery pur-
poses, with the exception of passenger cars used
in the delivery of the United States mails.
the ,,~~;qy,~y 'operated or moved temporarily upon
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."
"(rl 'Implements of husbandry' shall mean
farm implements, machinery and tools as used in
-tilling the soil, but shall not include any pass-
enger car or truck'. (Underscoring ours).
,A~"truck" is expressly excluded from the term
!implements of husbandry", as defined in the statutes. We
believe this exemption, first appearing in an amendment to
said article 6675a-1 enacted by the 47th Leglslature in
1941, was intended to cover every case in which a passenger
car or truck had not lost its recognizable identity as such
by reason of its use.
,Therefore,we believe it obvious that truck in
question could be classified as a ncommercial motor vehicle'
m, and as such should be registered under the terms and
provisions of said Article 6675a-6.
!Irustingthe foregoing fully answers your question,
we remain
Hon. W. J. Elliott, page 4 0-6202
Very truly yours
ATTORNEY GENERAL OF TFX!X3
By (s) Robert L. Lattimore; Jr.
Assistant
RLL:rt:ff:wc
APPROVED OCT. 13, 1944
s/Carlo8 C. Ashley
FIRST ASSISTANT
ATTORNEY GENERAL
This Opinion Considered And Approved In Limited Conference