Texas Attorney General Opinion: O-6509 Page: 3 of 4
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Hon. Homer Garrison, Jr., page 3 (0-6509)
Section 3c of Article 827, Vernon's Annotated Penal Code, relating
to lengths of vehicles, provides as follows
"No motor vehicle, commercial motor vehicle, truck, tractor, trailer, or semi.
trailer shall exceed a length of thirty-five (35) feet, and no combination of
such vehicles coupled together shall exceed a total length oforty-five (437
feet, unless such-vehicle or commotion of Wehicles is operated exclusively
wi--hin the limits of an incorporated city or towno"
Thus it is seen, the combination of vehicles exceeds the weight and
length limitations of Article 827, Sections 5 and 3o and may only operate legal-
ly, if entitled to, and has been@ganted a special permit from the Highway Depart-
ment. To receive this permit the applicant must satisfy the requirements of
Section 2, Article 827a, Vernon's Annotated Penal Code, as follows
"It shall be unlawful and constitute a misdemeanor for any person to drive,
operate, or move, or for the owner to cause or permit to be driven, operated,
or moved on any highway, any vehicle or vehicles of a size or weight exceed-
ing the limitations stated in this Act or any vehicle or vehicles which are
not constituted or equipped as required in this Act; or to transport thereon
any load or loads exceeding the dimensions or weight prescrived in this Act;
provided the department, acting directly or through its agent or agents desig-
nated in each county shall have and is hereby granted authetity to grant per-
mits to periods of ninety (90) days or less for the transportation over State
highways of such overweight or oversize or over length commodities as cannot
be reasonably dismantled or for the operation over State highways of super-
-av3 r or over length commodities as cannot be reasonably dismantled . .
(Underscoring ours)
It is apparent that the gasoline transported is a commndity capa-
ble of being reasonably "dismantled" and the operator of an overweight, over-
length combination of vehicles used-for hauling gasoline does not qualify under
the special permit statute. Therefore, since no special permit can validly
issue on this combination of vehicles the operator is bound by Section 7a of
Article 827a, Vernon's Annotated Penal Code, relating to trailers, as follows
"No motor vehicle shall be driven upon any highway outside of the limits of an
incorporated city or town drawing or hauling attached therto more than one
trailer."
Thus, in conclusion, our answer to your inquiry is that every motor
vehicle, including truck-tractors, a nd every t railer, semi-trailer, used upon the
public highways of this tate, should be registered separately under the terms
of Article 6675a, Vernon's Annotated Civil Statutes, supra. As a consequence,
the 68,000 pound combination vehicles in question, if legal, should be registered
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-6509, text, April 28, 1945; (https://texashistory.unt.edu/ark:/67531/metapth263787/m1/3/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.