H. B. 2581
(By Delegates Susman and Leach)
[Introduced February 21, 2005
; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17C-15-46a,
relating to prohibiting any person fourteen years of age or
younger from riding in the back of an open truck; exceptions;
and penalty.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §17C-15-46a,
to read as
follows:
ARTICLE 15. EQUIPMENT.
§17C-15-46a. Persons age fourteen or younger prohibited from
riding in open truck bed; exceptions; penalty.
It is unlawful for any driver in this state, to transport a
person fourteen years of age or younger in the open bed of a pickup
truck, or in any other vehicle having an open bed for the purpose of hauling cargo, or in a trailer with an open bed being towed by
a motor vehicle, while the vehicle or vehicle-trailer combination
is in motion: Provided, That this section does not apply to
persons riding on the bed of a vehicle while engaged in a parade or
other exhibition event, or while engaged in farm work off of the
streets or highways of the state.
Any person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than twenty dollars nor more than fifty dollars.
A violation of this section may not be considered as
constituting evidence of negligence or contributory negligence or
comparative negligence in any civil action or proceeding for
damages.
NOTE: The purpose of this bill is to prohibit anyone fourteen
years of age or younger from riding in the open bed of a truck or
trailer, except when in a parade or for farm work.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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