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What constitutes "Essential Household Duties" on a Texas ODL?
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I have an ODL in Texas good from 6am until 9pm. I must keep a Travel Log and I do. The Court Order states "...permitted to operate a motor vehicle in the performance of essential household duties."
What constitutes "Essential Household Duties" on a Texas ODL?
Shopping at the supermarket for food? Dollar General for clothes? Eyeglasses at the mall? Taking my dog to his vet appt? Going to my doctor appt? The auto parts store for a replacement headlight?
How about going to the library to surf the web and look for a job online because our home computer is down?
Please let us know. My wife thinks it's for work only and I think it's for anything except pleasure riding (park, lake, beach, etc.).
Thank you.
The regulations of the Texas Department of Public Safety do not define the term "essential household duties." Neither does there appear to be significant judicial gloss on the meaning of the term "essential household duties." The regulations state that "(a) An occupational license authorizes the driving of any noncommercial motor vehicle subject to the restrictions imposed and is a special license issued upon authorization by a district court or county court. It may authorize the driving of any noncommercial motor vehicle: (1) in the performance of an occupation or trade or transportation to and from such occupation or trade; (2) for transportation to and from an educational facility in which the person is enrolled; or (3) in the performance of essential household duties." Since "the performance of essential household duties" appears to be something other than "the performance of an occupation or trade or transportation to and from such occupation or trade" I think your wife's interpretation that "it's for work only" is too narrow. On the other hand, your interpretation that "it's for anything except pleasure riding" is too broad. The common meaning of "essential" is something necessary or indispensable. Having that meaning in mind, going to a doctor appointment for a serious ailment would be essential. Going to an appointment to discuss the cost of elective cosmetic surgery might not be essential. Browsing a community looking for homes on sale because you intend to downsize 5 years from now might not be considered essential even though it might not, technically, be "pleasure riding."
37 Tex. Admin. Code § 15.7