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Law on Transporting Children in the Back of a Pick-up Truck

Law on Transporting Children in the Back of a Pick-up Truck

North Carolina law prohibits children less than age 16 from riding in the open bed of a pick-up truck. (NCGS 20-135.2B) An open bed or open cargo area is a bed or cargo area without permanent overhead retraining construction. The operator of the vehicle having an open bed or open cargo is responsible for compliance with this law. The statute does, however, contain some exceptions. The provisions for proper securement of children do not apply:

If an adult is present in the bed or cargo area of the vehicle and is supervising the child;

If 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 strength of not less than 5,000pounds for each belt, and of a type approved by the Commissioner;

If an emergency situation exists;

If the vehicle is being operated in a parade; or

If the vehicle is being operated in an agricultural enterprise including providing transportation to and from the principal place of the enterprise.

Violators are issued tickets and are subject to a fine of $25. Violators of this law are defined as "infractions" and do not incur court costs, driver license points or insurance surcharges.