Right to Drive on Public Roads
<p><strong>Driver - Black's 4th</strong> </p>

<p>One employed in conducting or operating a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car.  A person actually doing driving, whether employed by owner to drive or driving his own vehicle.</p>

<p>TRANSPORTATION CODE</p>

<p>TITLE 7. VEHICLES AND TRAFFIC<br>
SUBTITLE A. CERTIFICATES OF TITLE AND REGISTRATION OF VEHICLES<br>
CHAPTER 502. REGISTRATION OF VEHICLES                        </p>

<p>SUBCHAPTER A. GENERAL PROVISIONS</p>

<p>(16)   “Owner”   means a person who:<br>
    (A) holds the legal title of a vehicle<br>
    (B) has the legal right of possession of a vehicle: or<br>
    (C) has the legal right of control of a vehicle.</p>

<p>(24)   “Vehicle”   means a device in or by which a person or property is or may be transported or drawn on a public highway, other than a device used exclusively on stationary rails or tracks.</p>

<p>Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 625, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 586, Sec. 2, eff. September 1, 2005. </p>

<p>A driver's license is required for all persons "driving" a vehicle.  A wagon, with horses, is considered a vehicle.  So why are Amish people not required to register their "vehicle," and to have a driver's license when driving on public roads?</p>

<blockquote>
<p>So why are Amish people not required to register their &quot;vehicle,&quot; and to have a driver's license when driving on public roads?</p>
</blockquote>
<p>The Texas registration requirement in Texas is at <a href="http://tx.elaws.us/law/tn_title7_chapter502_sec.502.040" rel="nofollow noreferrer">Sec. 502.040. REGISTRATION REQUIRED; GENERAL RULE</a>:</p>
<blockquote>
<p>a) Not more than 30 days after purchasing a vehicle or becoming a resident of this state, the owner of <strong>a motor vehicle, trailer, or semitrailer</strong> shall apply for the registration of the vehicle for:</p>
<p>(1) each registration year in which the vehicle is used or to be used on a public highway; and</p>
<p>(2) if the vehicle is unregistered for a registration year that has begun and that applies to the vehicle and if the vehicle is used or to be used on a public highway, the remaining portion of that registration year.</p>
</blockquote>
<p>(emphasis added)</p>
<p>Now, you might argue that this requires owners of motor vehicles also to register their non-motorized vehicles, but I doubt that this is the prevailing interpretation.  Regardless, an Amish person who does <em>not</em> own a motor vehicle is certainly not required by this subsection to register horse-drawn vehicles.</p>
<p>Similarly, the requirement to hold a driver's license is at <a href="http://tx.elaws.us/law/tn_title7_chapter521_sec.521.021" rel="nofollow noreferrer">Sec. 521.021. LICENSE REQUIRED</a>:</p>
<blockquote>
<p>A person, other than a person expressly exempted under this chapter, may not operate <strong>a motor vehicle</strong> on a highway in this state unless the person holds a driver's license issued under this chapter.</p>
</blockquote>
<p>(emphasis added)</p>
<p>Similarly, this requirement does not apply to the operation of a horse-drawn vehicle.</p>
<p>In other words, one statement in your question is incorrect:</p>
<blockquote>
<p>A driver's license is required for all persons &quot;driving&quot; a vehicle.</p>
</blockquote>
<p>In fact, a driver's license is generally required to drive a <em>motor</em> vehicle (and even there, exceptions exist).</p>

<p>The question uses definitions of  “Owner” and "Vehicle" from Texas Title &amp; Chapter 502, but uses a general definition of "driver" from <em>Black's Law Dictionary</em>. One cannot safely mix-ad-match like that. Definitions should be from the same specific body of law, or they may not be consistent. The same term is often defined differently in different laws.</p>

<p>So, from <a href="http://tx.elaws.us/law/tn_title7_chapter521_sec.521.001" rel="nofollow noreferrer">Texas Title 7 Chapter 521.001</a>:</p>

<blockquote>
  <p>"Driver's license" means an authorization issued by the department for the operation of a <strong>motor vehicle</strong>. </p>
</blockquote>

<p>...</p>

<blockquote>
  <p>"License" means an authorization to operate a <strong>motor vehicle</strong> that is issued under or granted by the laws of this state.(Emphasis added) </p>
</blockquote>

<p>and from <a href="http://tx.elaws.us/law/tn_title7_chapter521_sec.521.021" rel="nofollow noreferrer">Sec 521.021</a>:</p>

<blockquote>
  <p>A person, other than a person expressly exempted under this chapter, may not operate a <strong>motor vehicle</strong> on a highway in this state unless the person holds a driver's license issued under this chapter. (Emphasis added) </p>
</blockquote>

<p>The license requirement applies only to <strong>motor</strong> vehicles, not to horse-drawn ones. The laws of other states are similar in this regard.</p>

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