No. V-0048 (1947).

• Court: Texas

Texas Attorney General Opinions 1947. No. V-0048 (1947). 1Jan. 27, 1947Hon. V. H. SagebielCounty AttorneyGillespie CountyFredericksburg, TexasOpinion No. V-48Re: Construction of Article 827a, Section 3(a), Vernon's Annotated Criminal Statutes of Texas, Penal Code, in reference to implements of husbandry, and highway building and maintenance machinery,Dear Sir:We are in receipt of your letter of January 14, 1947, in which you request the opinion of the department on the questions contained in your letter which reads as follows:

"An opinion is requested as to the interpretation of the exceptions listed in Article 827a, Sec. 3 (a), viz., 'implements of husbandry ..., and highway building and maintenance machinery temporarily propelled or moved upon the public highways."

"The situation we have involves the transportation on the public highways, on its own wheels, of a privately-owned ten cubic yard power scraper which is conceded to be more than 96 inches in width, and which was transported for the purpose of building privately-owned earth tanks. It is contended that the transporting was an accomodation to the owners who are good customers of the firm of which the defendant is a member, and that the defendant and his firm received no compensation nor had any other connection with the scraper than its transportation; and further, that the scraper comes within the exceptions above noted.

"A cut of a scraper similar to the one involved is enclosed."

As we view your request, based upon the contents of your letter (including the picture or cut of the power scraper), two questions are presented.21. Is the power scraper described an "implement of husbandry" so as to come within the exception regarding implements of husbandry in Article 827a, Section 3(a), Vernon's Annotated Criminal Statutes of Texas, Penal Code? 2. Is the power scraper described "highway building and maintenance machinery" so as to come within the exception regarding highway and maintenance machinery in Article 827a, Section 3(a), Vernon's Annotated Criminal Statutes of Texas, Penal Code? Article 827a, Section 3(a), Vernon's Annotated Criminal Statutes of Texas, Penal Code (as amended, Acts 1931, 42nd Legislature, p. 507, ch. 282, Sec. 3), reads as follows:

"No vehicle shall exceed a total outside width, including any load thereon, of ninety-six (96) inches, except that the width of a farm tractor shall not exceed nine (9) feet, and except further, that the limitations as to size of vehicle stated in this section shall not apply to implements of husbandry, including machinery used solely for the purpose of drilling water wells, and highway building and maintenance machinery temporarily propelled or moved upon the public highways." (Emphasis ours)

The power scraper in question is a large four-wheeled scraper with dual tires on the rear, more than ninety-six (96) inches in width, and capable of...