Riding in the back of a truck - illegal?
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Joined: Mar 2001
Posts: 1,138
From: DFDub, TX
Riding in the back of a truck - illegal?
I was with a few friends this weekend and I was talking about riding in the bed of the truck and the driver said, "no way man, that's illegal in Texas!" I personally have done this MANY times and seen many others do it, and have never heard of any tickets given.
What's the law on this? Anyone know the REAL answer, not just something they heard from a friend of a friend?
Kyle
What's the law on this? Anyone know the REAL answer, not just something they heard from a friend of a friend?
Kyle
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Joined: Sep 2002
Posts: 3,456
Re: Riding in the back of a truck - illegal?
To the rescue.......
§ 545.414. RIDING IN OPEN BEDS; OFFENSE. (a) A person
commits an offense if the person operates an open-bed pickup truck
or an open flatbed truck or draws an open flatbed trailer when a
child younger than 18 years of age is occupying the bed of the truck
or trailer.
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $25 or more than $200.
(c) It is a defense to prosecution under this section that
the person was:
(1) operating or towing the vehicle in a parade or in
an emergency;
(2) operating the vehicle to transport farmworkers
from one field to another field on a farm-to-market road,
ranch-to-market road, or county road outside a municipality;
(3) operating the vehicle on a beach;
(4) operating a vehicle that is the only vehicle owned
or operated by the members of a household; or
(5) operating the vehicle in a hayride permitted by
the governing body of or a law enforcement agency of each county or
municipality in which the hayride will occur.
(d) Compliance or noncompliance with Subsection (a) is not
admissible evidence in a civil trial.
(e) In this section, "household" has the meaning assigned by
Section 71.005, Family Code.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 79, § 1, eff. Sept. 1, 2001
§ 545.414. RIDING IN OPEN BEDS; OFFENSE. (a) A person
commits an offense if the person operates an open-bed pickup truck
or an open flatbed truck or draws an open flatbed trailer when a
child younger than 18 years of age is occupying the bed of the truck
or trailer.
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $25 or more than $200.
(c) It is a defense to prosecution under this section that
the person was:
(1) operating or towing the vehicle in a parade or in
an emergency;
(2) operating the vehicle to transport farmworkers
from one field to another field on a farm-to-market road,
ranch-to-market road, or county road outside a municipality;
(3) operating the vehicle on a beach;
(4) operating a vehicle that is the only vehicle owned
or operated by the members of a household; or
(5) operating the vehicle in a hayride permitted by
the governing body of or a law enforcement agency of each county or
municipality in which the hayride will occur.
(d) Compliance or noncompliance with Subsection (a) is not
admissible evidence in a civil trial.
(e) In this section, "household" has the meaning assigned by
Section 71.005, Family Code.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 79, § 1, eff. Sept. 1, 2001
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Joined: Sep 2003
Posts: 431
From: b/cs; satx
Re: Riding in the back of a truck - illegal?
Originally Posted by n2ceptor
(4) operating a vehicle that is the only vehicle owned
or operated by the members of a household; or
or operated by the members of a household; or
Registered User
Joined: Sep 2002
Posts: 3,456
Re: Riding in the back of a truck - illegal?
Originally Posted by lt1aggie
So does that mean if I have 10 kids all under the age of 18 and my only car is a truck, it's ok for them to ride in the back?
It is a defense to prosecution , but you have to prove it is your only transportation...
Laws are questionable sometimes on the way they are written.... It all depends on interpretation.....
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