www.kisslinglaw.com
I was at dinner the other night and I was asked whether or not his child could ride in the back of a pick up truck. The answer is. "it depends".
Here is the statute.
§ 20-135.2B.
Transporting children under 16 years of age in open bed or open cargo area of a
vehicle prohibited; exceptions.
(a)
The operator of a vehicle having an open bed or open cargo area shall ensure
that no child under 16 years of age is transported in the bed or cargo area of
that vehicle. An open bed or open cargo area is a bed or cargo area without
permanent overhead restraining construction.
(b)
Subsection (a) of this section does not apply in any of the following
circumstances:
(1)
An adult is present in the bed or cargo area of the vehicle and is supervising
the child.
(2)
The child is secured or restrained by a seat belt manufactured in compliance
with Federal Motor Vehicle Safety Standard No. 208, installed to support a load
strength of not less than 5,000 pounds for each belt, and of a type approved by
the Commissioner.
(3)
An emergency situation exists.
(4)
The vehicle is being operated in a parade.
(5)
The vehicle is being operated in an agricultural enterprise, including
providing transportation to and from the principal place of the agricultural
enterprise.
(6)
Repealed by Session Laws 2008-216, s. 1, effective October 1, 2008.
(c)
Any person violating this section shall have committed an infraction and shall
pay a penalty of not more than twenty-five dollars ($25.00), even if more than
one child less than 16 years of age is riding in the open bed or open cargo
area of a vehicle. A person found responsible for a violation of this section
may not be assessed court costs.
(d)
No drivers license points or insurance surcharge shall be assessed on account
of violation of this section. A violation of this section shall not constitute
negligence per se. (1993
(Reg. Sess., 1994), c. 672, s. 1; 1995, c. 163, s. 7; 1999-183, s. 4; 2008-216,
s. 1.)
No comments:
Post a Comment