Oregon Advisory Opinions January 01, 1954: OP 2626

Advisory Opinion Text

Farm wagons drawn by pickups or tractors from field to farm in harvesting of crops may be exempt from registra­tion if only "temporarily" drawn upon the public highways.

No. 2626 January 12, 1954 Honorable Carl H. Francis State Representative This is to acknowledge receipt of your letter of January 4, 1954, in which you refer to ORS 481.075 (3) and request advice as to whether or not the exemp­tion from the motor vehicle registration law provided for therein is applicable to "farm wagons drawn by pickups or tractors from field to farm over a state highway during the harvesting of crops."

ORS 481.075 (3) provides:

"(3) The provisions of this chapter re­quiring registration of vehicles do not apply to implements of husbandry temporarily drawn, moved or otherwise propelled upon the public highways."

It is practically impossible to state without equivocation whether or not a farm wagon is exempt under this provi­sion without a detailed knowledge of the actual use to which the wagon is put throughout the year: Opinions of the Attorney General, 1948-1950, p. 381.

A farm wagon is generally designed for use in farming operations and in that sense the same is an implement of husbandry: Allred v. Engelman, (1933) 61 S.W. (2d) 75, 91 A.L.R. 422; 20 Words & Phrases 211; Opinions of the Attorney General, 1938-1940, p. 753; 1926-1928, p. 322; however, whether or not the wagon in question is "temporarily" drawn upon the highways is a question of fact which I can not answer from the limited facts supplied.

"Temporary" is defined in Webster's New International Dictionary, un­abridged, 2nd ed., as meaning "Lasting for a time only; existing or continuing for a limited time; not permanent; ephemeral; transitory".

The antithesis of "temporarily" being drawn on the highway is permanently or habitually being so drawn. If such a wagon is only occasionally or infre­quently drawn on the highway and as a matter of fact the permanent or habitual use of the wagon is on the farm and not on the highway, then it is my opinion that such a wagon would come within the exemption provided for above.

As an experienced legislator and prac­ticing attorney I am sure you appre­ciate the difficult problem confronting the law enforcement officers in trying to determine whether or not the use to which a particular wagon is put makes the same subject to the registration pro­visions. The desirability of more de­finitive legislation is apparent.

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