,
HE ,~ITBRNEY GENERAL.
OF~XAS
AUSTIN. TEXAS 78711
February 28, 1972
Honorable Wilson E. Speir Opinion No. M- 1091
Director
Texas Department of Public Safety Re: Whether a “Port-A-Lift”
5805 North Lamar Blvd. combined with its supporting
Box 4087 vehicle being towed consti-
Austin, Texas 78773 tute one or two vehicles within
contemplation of Art. 827a,
Dear Sir: Sec. 3(c), Vernon’s Penal Code?
Your request for an opinion regarding the above-referenced subject is
controlled by the following quoted provisions of Article 827a, Vernon’s Penal
Code:
“Art. 827a. Definitions
“Section 1. The following words and phrases, when used
in this Act, shall, for the purposeof’this Act, have the
meanings respectively ascribed to them in this section, as
follows:
” ‘Vehicle. ’ Every mechanical device, in, upon or by
which any person or property is or may be transported or
drawn upon a public highway, including motor vehicles,
commercial motor vehicles, truck-tractors,trrailers, and
semi-trailers, severally, as hereinafter defined, but
excepting devices moved by human power or used exclusively
upon stationary rails or tracks.
” ‘Motor Vehicle. ’ Every vehicle, as herein defined, which
is self-propelled.
* * *
” ‘Trailer. ’ Every vehicle without motive power designed
or used for carrying property or passengers wholly on its
own structure and to be drawn by a motor vehicle.
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Honorable Wilson E. Speir, page 2 (M- 1091)
” ‘Semi-trailer. ’ Every vehicle of the trailer type so
designed or used in conjunction with a motor vehicle that
some part of its own weight and that of its own load rests
upon or is carried by another motor vehicle.
* * *
“Section 3.
***
“(c) No motor vehicle shall exceed a length of forty (40)
feet. It shall be lawful for any combination of vehicles to
be coupled together including, but not limited to, a truck
and semi-trailer, truck and trailer, truck-tractor and
semi-trailer and trailer, truck-tractor and two trailers,
provided such combination of vehicles shall not exceed a
length of sixty-five (65) feet, unless such vehicle or com-
bination of vehicles is operated exclusively within the
limits of an incorporated city or town; and unless, in the
case of any combination of such vehicles, same be
operated by municipal corporations in adjoining suburbs
wherein said municipal corporation has heretofore been
using such or like equipment in connection with an estab-
lished service to such suburbs of the municipality; pro-
vided, however, that no passenger car (defined as any
motor vehicle designed for carrying ten (10) passengers
or less and used for the transportation of persons) can be
coupled with more than one other vehicle at any one time;
provided, however, that the provisions of this Subsection
shall not apply to any disabled vehicle being towed by
another vehicle to the nearest intake place for repairs; . . .
[Emphasis added. ]
You advise that a “Port-A-Lift”, is a dolly used to tow vehicles whereby
the front wheels of the towed vehicle rest upon and are supported by the
“Port-A-Lift”. The rear wheels of the towed vehicle remain in contact
with the surface of the road. You further advise that the vehicle so situated
upon the “Port-A-Lift” is secured to or “coupled with” the “Port-A-Lift”
preparatory to being towed rather than being directly secured to or “coupled
with” the towing vehicle.
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Honorable Wilson E. Speir, page 3 (M-1091)
The dolly or “Port-A-Lift”, according to your description, is either a
“trailer” or “semi-trailer” within the quoted definitions thereof, depending,
of course, on the functional design. However, this distinction is immaterial
for our purposes inasmuch as both “trailer” and “semi-trailer” are
specifically defined in Article 827a, Section 1, as “Vehicle”, and in addition,
the definition of “Vehicle” is sufficiently broad to encompass “Port-A-Lift”.
Therefore, you are advised that a “Port-A-Lift” or dolly as described is a
“Vehicle” within the terms of Article 827a, Sections 1 and 3(c).
You further ask whether the “Port-A-Lift” with a vehicle so mounted
thereon would constitute more than one vehicle being towed by a passenger
car in violation of the express proviso in Article 827a, Section 3(c).
The operative words ofthe proviso are “coupled with’: The clear implication
is that a passenger car may be “coupled with” only one other vehicle.
“Coupled with”, we conclude, describes the usual method of attachment to a
passenger car by means of a trailer ball and hitch or some suitable and
permissible attachment, as well as the manner or mechanism by which the
towed vehicle is attached to the “Port-A-Lift”. It follows that a vehicle
“coupled with” a “Port-A-Lift” which in turn is “coupled with’ the towing
passenger vehicle results in the passenger car being “coupled with” more
than one vehicle at any one time. The point is clear when it is noted that
the proviso is an exception to what is otherwise lawful pursuant to Section 3(c),
that is, “. . . It shall be lawful for any combination of vehicles to be coupled
together including, but not limited to, a . . . truck-tractor and two trailers, ~. , ”
Accordingly, you are hereby advised that the combination of “Port-A-
Lift” and vehicle coupled thereto collectively being towed by a passenger
car is more than one vehicle for purposes of the proviso contained in
Article 827a, Section 3(c), prohibiting a passenger car from being coupled
with more than one other vehicle at any one time.
SUMMARY
The combination of ‘Port-A-Lift” and vehicle coupled
thereto collectively being towed by a passenger car is
more than one vehicle for purposes of the proviso contained
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Honorable Wilson E. Speir, page 4 (M-1091)
in Article 827a, Section 3(c), Vernon’s Penal Code,
prohibiting a passenger car from being coupled with
more than one other vehicle at any one time.
Ve&truly yours,
ney General of Texas
Prepared by Rex H. White, Jr.
Assistant Attorney General
APPROVED.
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Dunk Sullivan
Sam Jones
Jack Traylor
Herschel Moore
SAMUEL D, MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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