H. B. 2581


(By Delegates Susman and Leach)

[Introduced January 11, 2006 ; 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.