Honorabla Homer Garrison, Jr., Director
Texas Department of Public Safety
Camp Mabry
Austin, Texas
Attention: Mr. J. B. Draper
Dear Sir:
Opinion No. O-5784
Re: Whether a driver of a truck owned by
the Firestone Company which is being
operated in order to test tires is
required to have e commercial operator's
license.
Your letter of December 21, 1943, requesting the opinion of thia department
on the question stated therein, reads as follows:
11We respectfully request that yor Department give us an opinion
as to whether or not a driver of a truck owned by the Firestone
Company which is being operated in order to test tires would
be required to have a commercial operator's license. This
truck operates over the state highways carrying lead weighta
or sacks of sand and the driver does not pick up and deliver
merchandise or carry passengers.'
Paragraph (a), Article II of Art. 668p, Vernon's Annotated Civil Statutes
provides:
"NO person, except those hereinafter expressly exempted, shall
drive any motor vehicle upon a highway in this State unless
such person nas a valid license as an operator, a commercial
operator, or a chauffeur unaer the provisions of this Act."
Art. 66758-1, Vernon's Annotated Civil Statutes reads in part as follows:
"The following words and terms, as used herein, have the meaning
respectively ascribed to them in this Section, as follows:
"(0 ' Commercial Motor Vehicles' means any motor vehicle
(other than a motorcycle or passenger car) designed or used
primarily for the transportation of property, including any
Honorable Homer Garrison, Jr., Director - Page #2 Co-57841
passenger car which has been reconstructed so as to be used,
and which is being used, primarily for delivery purposes,
with the exception of passenger cars used in the delivery
of the United States mails.
11 ,I
. . . .
Article I of Art. 668711, Vernon's Annotated Ci'iilStatutes, providesin part:
??he following words and phrases when used in this Act shall,
for the purpose of this Act, have the meanings respectively
ascribed to them in this title.
. . . ~
It(n) 'Commercial Operator.s Every person who is the driver of
a motor vehicle designed or used for the transportation of property,
including all vehicles used for delivery purposes, while said
vehicle is being used for commercial or delivery purposes.
11 ,t
. . . .
In view of the Statutory definitions of "Commercial Motor Vehicles"
and "Commercial Operator:, it is our opinion that a driver of a truck
which operates over the State highways and for the purpose indicated in
your letter is required to have a commercial operator's license.
Yours very trul~y
ATTORNEY GENERAL OF TEXAS
s/ Ardeli Williams
BY
Ardell,Wiiliama
Assistant
AW/pr/cc:ldw
APPROVED JAN 21, 1944’
s/ GROVER SELLERS
ATTORNEY GENERAL OF TEXAS
APPROVED OPINION COMMITTEE
l3YB.W. B.
CHAIRMAN