Eynon, 051132 PAAGO, AGO 49

• Case Date: May 11, 1932
• Court: Pennsylvania

Honorable Benj. G. Eynon, AGO 49 Opinion No. 49 Pennsylvania Attorney General Opinions Opinions Of The Attorney General May 11, 1932          Motor vehicles—Registrations—Passenger or commercial vehicle—Substitution of box body for rear part of touring car—Vehicle Code, Sec. 102.          An automobile originally designed as a touring car, from which the rear part of the body has been cut off and a securely fastened, although removable, box body built thereon, is a reconstructed vehicle within section 102 of The Vehicle Code of 1929, and is not entitled to registration as a passenger vehicle under that section as amended by the Act of June 22, 1931, P. L. 751.          Honorable Benj. G. Eynon,          Commissioner of Motor Vehicles,          Harrisburg, Pennsylvania.          Sir: You have asked to be advised whether you should register as a commercial motor vehicle, a vehicle originally designed as a touring car from which the rear part of the body, including the seat, has been completely cut off and a securely fastended box body constructed thereon.          In Section 102 of The Vehicle Code of May 1, 1929, P. L. 905 as amended by' Act of June 22, 1931, P. L. 751, a commercial motor vehicle is defined as follows:

"Any motor vehicle designed for carrying freight or merchandise: Provided, however. That a motor vehicle, originally designed for passenger transportation, with a removable box body, shall not be deemed a 'commercial motor vehicle' for the purpose of this act * * *."

         You inform us that an applicant for registration bought a vehicle originally designed as a touring car. Subsequently he removed the rear seat, cut down, the body, and constructed thereon a one-half ton box body. He now claims that under the definition of a commercial motor vehicle, as quoted above, his vehicle should be registered as a passenger vehicle and not as a commercial motor vehicle. He contends that it was originally designed for passenger transportation and has a removable box body.          We do not agree that such a vehicle is taken out of the commercial motor vehicle class because it was originally designed for passenger transportation if it has been so...