SANTA FE TRAIL TRANSPORTATION COMPANY v. DEPARTMENT OF MOTOR VEHICLES (1967)

OPINION DENYING PETITION FOR REHEARING

In its petition for rehearing, petitioner urges a new theory to support the contention that its trailers were not part of a fleet. Petitioner suggests that, to be a fleet operation, both the tractors as well as the trailers must operate in some state other than California. The argument is predicated on the fact that the tractors involved were operated solely within California, and on the interpretation petitioner gives to the wording of section 16 of the Compact.

That section reads:

‘As to each contracting State, fleet shall include only those commercial vehicles which actually travel a portion of their total miles in such State. A fleet must include three (3) or more commercial vehicles, at least two (2) of which are motor vehicles.’

Petitioner suggests the language of section 16 that ‘fleet shall include only those commercial vehicles which actually travel a portion of the total miles in such state,’ contemplates that there be some ‘portion’ of travel by the vehicles outside the state.

Respondent, on the other hand, maintains that this restricting of fleets to vehicles traveling a portion of their total miles in a state, was intended only to preclude a state from taxing vehicles not actually used in the state; that, as a matter of logic, tractors utilized one hundred percent in California travel ‘a portion’—the full portion—of their total miles in California.

We need not here choose between these respective positions. This case involves only the taxation of the trailers. Under either interpretation of the meaning of section 16, the trailers traveled ‘a portion’ of their total miles in this state. For the reasons set out in our original opinion, since the trailers were operated in concert with the tractors, the trailers come within the definition of a fleet—which under section 16 must include three or more commercial vehicles at least two of which are motor vehicles. Whether or not the tractors, being solely operated in California, are to be registered as part of that fleet, or registered in some other manner, is not before us.

The petition for rehearing is denied.

PER CURIAM.