OAG 40-88.

Case DateOctober 18, 1940
CourtOregon
Oregon Attorney General Opinions 1940. OAG 40-88. 97OPINION NO. 40-88[20 Or. Op. Atty. Gen. 97]One who operates a farm in Oregon but transports all products to his place of residence in another state by motor truck, is entitled to a special Oregon license for truck so used.October 18, 1940.Hon. Max S. Taggart,District Attorney, Malheur County. 98Dear Sir: Under date of October 12, 1940, you state:
"An individual, acting in his own name, owns and operates a produce packing establishment in the State of Idaho. His home and place of abode and principal place of business is also in the State of Idaho. He is the owner of a motor vehicle, a truck, which is licensed in the state of Idaho and bears
98 Idaho registration plates. This same individual also owns a farm in the state of Oregon. This farm he operates himself although he does not live on it, living in Idaho as mentioned above. He obtains a portion of his income from this farm in Oregon by means of the farm products grown thereon. These farm products are transported from the farm to the produce packing establishment in Idaho. None of the products are sold or disposed of in Oregon. To so transport these farm products to Idaho this individual sends the truck mentioned above into Oregon to the farm where the produce is loaded upon the truck which then returns to Idaho. There is no intermediate stop in Oregon." You request me to advise you whether or not this individual becomes a resident of the state of Oregon for the purpose of licensing and registering the above truck by reason of his owning and operating a farm in the state of Oregon. Since the home and principal place of business of the person referred to is in the state of Idaho, and he goes into the state of Oregon only for the purpose of operating his farm and removing products therefrom, it is my opinion that he is not a resident of the state of Oregon. You further request that in the event I determine he is not a resident of the state of Oregon for the purpose of licensing the said truck, I advise you whether or not the circumstances are such as to entitle him to the benefits of the reciprocal agreement executed between the Oregon secretary of state and the Idaho public utilities commission in April, 1939. The agreement to which you refer provides for waiver of payment of registration fees for motor vehicles properly...

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