H. B. 4365


(By Delegates Susman, Hubbard, Yeager,

Hrutkay, Leach, Mahan and Fleischauer)

[Introduced February 1, 2002; referred to the

Committee on Roads and Transportation then the Judiciary.]




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 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 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 fourteen 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 fourteen 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, 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 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.