people riding in truck bed

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by 4jk4, Nov 12, 2009.

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  1. 4jk4

    4jk4 Law Topic Starter New Member

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    In Florida is it legal to have people (all being at least 18 years old) in my truck bed with the tailgate down and a truck bed extender acting as the tailgate?

    the law states that the tailgate has to be up if people are riding in the truck bed. i just dont know if the truck bed extender acts as the tailgate in this situation or not.
     
    Last edited: Nov 12, 2009
  2. mightymoose

    mightymoose Well-Known Member

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    Did you receive a citation?

    Florida Statute 316.2015 states that persons under 18 may ride in the bed of a truck only if restrained. The same law does not specifically state that persons over 18 MAY ride unrestrained, but does not prohibit it either.

    Thee statute does not address whether the tailgate must be up or down.

    As someone that periodically has to scoop body parts off the road, I will say that it is extremely foolish to ride in the bed of a truck even if the law does not prevent it.
     
  3. 4jk4

    4jk4 Law Topic Starter New Member

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    ha no i did not get a citation i was just asking for future reference.

    so the law really doesnt sat if its legal or not, is it up to the officer?
     
  4. mightymoose

    mightymoose Well-Known Member

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    From what I read in the statute, it is not illegal for someone to ride in the bed unless they are under 18 and not restrained.

    Though it is not illegal, that does not mean that a police officer can not stop your vehicle if he sees something he believes is unsafe (passenger standing in the bed while driving). I don't know what it is, but I am sure there is a general safety statute that could be used if needed.
     
  5. CdwJava

    CdwJava Moderator

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    I wonder if seatbelt laws would apply to the adults? So, even if the law does not prevent people from riding in the back of the truck, if FL statutes require all passengers to be properly restrained, there would be the violation.

    Note: I have neither read nor searched the statutes, so I am just firing from the hip here (am on a portable with very weak internet connection today)
     
  6. mightymoose

    mightymoose Well-Known Member

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    No the seatbelt law only applies to front seat passengers and those under 18.
     
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