(A) It is unlawful to transport a person under fifteen years of age in the open bed or open cargo area of a pickup truck or trailer. An open bed or open cargo area is a bed or cargo area without permanent overhead restraining construction.
(B) Subsection (A) does not apply when:
(1) an adult is present in the bed or cargo area of the vehicle and is supervising the child;
(2) the child is secured or restrained by a seat belt manufactured in compliance with Federal Motor Vehicle Safety Standard No. 208, installed to support a load of not less than five thousand pounds for each belt, and of a type approved by the Department of Public Safety;
(3) an emergency situation exists;
(4) the vehicle is being operated in an organized hayride or parade pursuant to a valid permit;
(5) the vehicle is being operated while hunting or in an agricultural enterprise;
(6) the vehicle is being operated in a county which has no incorporated area with a population greater than three thousand five hundred; or
(7) the vehicle has a closed metal tailgate and is being operated less than thirty-six miles an hour.
(C) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
(D) No driver's license points or insurance surcharge may be assessed for a violation of this section.
HISTORY: 2002 Act No. 181, Section 8.
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