Traffic Violations: Operate Vehicle With Passenger in Open Bed Fines, Traffic Points and Defense

In some states; such as California and Wisconsin, it is illegal for any person to ride in the bed of a pickup or flatbed truck.

For states where it is not illegal, the law says that no driver of a pickup truck shall transport any passenger under a certain age (usually 18) in the unenclosed bed of a pickup truck while operating such vehicle on the public highways. The exceptions include if such a passenger is one of the following:

· An employee engaged in necessary duties

· A person transporting unprocessed agricultural products

· A person riding in the open bed during a parade or caravan

· A person who is secured in the bed of the truck

· A person participating in a special event

· A person who is providing assistance to or ensuring the safety of other persons engaged in recreational activity

· A person who rides in a truck which is the only legally titled vehicle of such person’s family and there is insufficient room for all passengers to ride inside the truck.

An open-bed pickup truck or open flatbed truck may not be driven at a speed of more than 35 miles per hour if any person is occupying the bed of the truck.

Fines and Penalties

A driver who operates a truck in violation of any of the above is guilty of a misdemeanor. Violators are issued tickets and are subject to fines ranging from $25.00 to $250.00 depending on the jurisdiction of where it occurred.

Traffic Points and Impact on Driving Record/License

Driving with passengers illegally in the open bed of a pickup or flatbed truck is charged as a moving violation with no driver license points assessed.

Hiring a Lawyer

If you are the operator of a vehicle and illegally allow passengers to ride in the bed of a pickup or flatbed truck, you will be held legally responsible for any consequences that occur. For example, if a passenger(s) ends up getting killed due to your negligence, you may be charged with vehicular homicide. This is a very serious offense and one that carries stiff fines, penalties and jail time. This offense is typically charged as a felony and one that you will need experienced legal counsel to help defend you against.

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