Texas Attorney General Opinion: O-3936 Page: 3 of 5
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Hon. Bowlen Bond, page 3 (0"3 936)
trailers as defined in Section 1 of Chapter 23
of the General Laws of the Fifth CalledSession
of the 41st Legislature, not coming within the
provisions of this Act shall be required to pay
all registration and license fees prescribed by
the other provisions of Chapter 88, General Laws
of the 41st Legislature, Second Called Session
as amended by this Act."
Article 6675a-l (i) of Vernon's Annotated Civil Stat-
utes of 1925 reads as follows:
"'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 passenger car which has
been reconstructed so as to be used, and which is
being use4 primarily for delivery purposes, with
the exception of passenger cars used in the delivery
of the United States mails."
Article 6675a- (J) of Vernon's Annotated Civil Stat-
utes of 1925, reads as follows:
"'Passenger Car' means any motor vehicle other
than a motor cycle or a. bus, as defined in this Act,
designed or used primarily for the transportation of
It can readily be seen that the distinction between
"passenger cars" and "commercial motor vehicles" under the defi-
nitions above quoted rests upon the primary use to which such
vehicle is put. Commercial vehicles being those "designed or
used primarily for transportation of property" and passenger
cars being those "designed or used primarily for transportation
of persons". Applying these definitions to the fact situation
presented in paragraph 2 of your letter wherein you say, "it
is the common practice for persons owning passenger motor vehi-
cles and registered as such, to occasionally, use trailers at-
tached to such vehicles for-the transportation of various com-
modities belonging to them, and especially for farmers with such
passenger motor vehicles and registered as such, to attach trail-
ers to such vehicles and transport hogs and cattle to the Dallas
and Fort Worth market," it is clear that the primary use of the
censed with a farm license for two reasons.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-3936, text, 1941; (texashistory.unt.edu/ark:/67531/metapth261175/m1/3/: accessed December 11, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.