H. B. 4110
(By Delegates Modesitt, Azinger,
Marshall, Compton and Susman)
[Introduced January 20, 2000; referred to the
Committee on Roads and Transportation then the
A BILL to amend article fifteen, chapter seventeen-c of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
forty-six-a, relating to prohibiting any person from riding
in the back of an open truck; exceptions; and penalty.
Be it enacted by the Legislature of West Virginia:
That article fifteen, chapter seventeen-c of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended by adding thereto a new section, designated section
forty-six-a, to read as follows:
ARTICLE 15. EQUIPMENT.
§17C-15-46a. Persons prohibited from riding in open truck bed;
Any driver who transports on a street or highway of this state a person in a pickup truck, or in any other vehicle having
an uncovered open bed for the purpose of hauling cargo, or in a
vehicle towing a trailer with an uncovered open bed, while the
vehicle or vehicle-trailer combination is in motion, may not
allow the person to ride in the uncovered open bed of the truck,
trailer or other hauling vehicle: 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, or
while engaged as a member of a work crew on a construction site
or on a road repair or construction site.
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 by virtue
of the violation to constitute 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 any person
from riding in the open bed of a truck or trailer, except when in
a parade, engaging in construction or road crew work, or performing farm work.
This section is new; therefore, strike-throughs and
underscoring have been omitted.