H. B. 4318
(By Delegates Modesitt, Marshall,
Azinger, Compton and Susman)
[Introduced January 31, 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 eighteen
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 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 age eighteen or younger prohibited from
riding in open truck bed; exceptions; penalty.
Any driver who transports on a street or highway of this
state a person eighteen years of age or younger in a pickup
truck, or in any other vehicle having an open bed for the purpose
of hauling cargo, or in a vehicle towing a trailer with an open
bed, while the vehicle or vehicle-trailer combination is in
motion, may not allow that person to ride in the 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, while
engaged as a member of a work crew on a construction site or on
road repair, 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 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 anyone
eighteen 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.