Untitled Texas Attorney General Opinion ( 1970 )

May 22,L970
Honorable Naomi Harney Opinion No. M- 638
County Attorney
Potter County Re: Authority to move over public
Amarillo, Texas 79101 highways overwidth trailers
used in their owners' agri-
cultural operations without
the permit required by Article
827a, Section 3(a), Vernon's
Dear Miss Harney: Penal Code.
You ask our opinion in answer to the following inquiry:
"When the trailer-type carriers described
in the enclosed brochures are used to carry
or move implements of husbandry over the public
highways, pursuant to ArticLe 827a, Section 3(a),
Vernon's Penal Code, and return without carry-
ing implements of husbandry, may they be operated
without the special over-size permits required
of other vehicles?"
We believe the answer to your question is found in Arti-
cle 827a, Sections 1 and 3, VernonUs Penal Code. The carriers
under consideration are properly classified as either trailers
or a semi-trailer types of vehicles, which are defined in
Article 827a, Section 1, Vernon's Penal Code 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, trailers, and
semi-trailers, severally, as hereinafter de-
fined, but excepting devices moved by human
power or used exclusively upon stationary rails
or tracks.
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Honorable Naomi Harney, Page 2, (M-638 1
"'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.
"'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(a), of Article 827a, Vernon's Penal Code,
prohibits use on any highway of any vehicle which exceeds
a stated total outside width, but makes the following ex-
ception to such prohibition as follows:
II
e e 0 that the limitations as to size
of vehicles stated in this Section shall
not apply to vehicles on which implements
of husbandry are being carried or moved
provided such vehicles are being moved
by the owner thereof or his agent or
employee for the purpose of carrying on
agricultural operations, and provided
further that such implements are being
moved or carried a distance of not more
than fifty (50) miles, G 0 0'
Implements of husbandry are defined in Article 6675a-l(r)
and in Article 6687b(g)# both of Vernon's Civil Statutes.
We do not quote these definitions because the question of
what constitutes "implements of husbandry," is not before
US.
The controlling language in the quoted portion of Arti-
cle 827a, Section 3(a) (supra) is:
II
D provided such vehicles are being
0 0
moved by the owner thereof or his agent or
Gyee for the purpose of carrying on
agricultural operations. . e on
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Honorable Maomi Harney, Page 3, (M-638 )
This language allows one engaged in "carrying on agricul-
tural operations" to move his over-widthvehicles on which
he lifts or carries his implements of husbandry without the
special permit required of other persons. Further, it is our
opinion that the statute also allows one to move such vehicles
over the highways when empty, without permit, where such move-
ment is necessarily incident to the lifting or carrying of
implements of husbandry used in such agricultural operations.
Examples of this would involve trips from the point of original
distination to other points in order to pick up implements
of husbandry to be used in the farming operation or where a
return trip is required. Any other construction would destroy
the intent of the statutes, which is manifest from the retaining
of the privilege of using overwidth vehicles on the highways
between the several locations where agricultural operations
exist by those carrying on agricultural operations.
Should this statute be interpreted to restrict the move-
ment of overwidth vehicles on the highways to those occasions
only when such vehicles were actually loaded, carrying im-
plements of husbandry, then the privilege to use such vehicles
would be so restrained as to practically nullify and defeat
the very purpose for which the privilege was granted, viz.,
carrying on agricultural operations, Courts are not at liberty
to construe a statute in such a way as to defeat the legis-
lative purpose and intent, A statute penal in nature will not
be extended bv construction bevond the necessities of the case.
53 Tex,Jur,2d-306, Statutes, Sec. 198; accord: Texas Highway
Department, et al v. Kimble County, et al, 239 S,W.2d 831
(Tex,Civ.App., error refused, n,r,e,, 1953). See also Allred,
et al v. J, C, Engleman, Inc,, 123 Tex. 205, Gl S,W02d -33),
The courts of this state seek a construction of a statute which
is in harmony with loaicand sound economic principles and these
reasons may belooked to in construing the intended purpose of
the statute. Attorney General's Opinion No, 1iW824 (1960),
It is therefore the opinion of this office that trailer
type carriers as defined in Article 827a, Section 1, VernonOs
Penal Code, may be moved over the highways of this state by
one engaged in carrying on agricultural operations without
the special overwidth permit required by this Article, when
such persons are carrying implements of husbandry provided,
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Honorable Naomi Harney, Page 4, (M-638 )
however, that such implements are being moved or carried a
distance of not more than fifty (50) miles. Further, such
carriers may be moved without permit and without carrying
implements of husbandry but only when such movement is part
of a transaction necessarily incident to the carrying on of
agricultural operations.
SUMMARY
The trailer type carriers as defined in Arti-
cle 827a, Section 1, Vernon's Penal Code, may
be moved over the highways of this state by
one engaged in carrying on his agricultural opeta-
tions without the special overwidth permit
required by this Article, when such persons
are carrying implements of husbandry, provided,
however, that such implements are being moved
or carried a distance of not more than fifty
(50) miles. Further, such carriers may be
moved without permit and without carrying im-
plements of husbandry but only when such
movement is part of a transaction necessarily
incident to the carrying on of their owners'
agricultural operations.
Yo very truly,
Prepared by Bennie W. Bock, II
Assistant Attorney General
APPROVED8
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Acting Co-Chairman
Austin Bray
Ken Nordquist
Arthur Sandlin
Richard Chote
MEADE F. GRIFFIN
Staff Legal Assistant
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, . . .
Honorable Naomi liarney,Page 5, (M-638 )
ALFRED WALKER
Executive Assistant
NOLA WRITE
First Assistant Attorney General
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