1. (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.

2. (B) Subsection (A) does not apply when:

   1. (1) an adult is present in the bed or cargo area of the vehicle and is supervising the child;
   2. (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. (3) an emergency situation exists;
   4. (4) the vehicle is being operated in an organized hayride or parade pursuant to a valid permit;
   5. (5) the vehicle is being operated while hunting or in an agricultural enterprise;
   6. (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. (7) the vehicle has a closed metal tailgate and is being operated less than thirty-six miles an hour.
3. (C) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
4. (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.