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
Untitled Texas Attorney General Opinion
Combined Opinion