§ 20‑135.2B. Transporting children under 16 years of age in open bed or open cargo area of avehicle prohibited; exceptions.
(a) The operator of avehicle having an open bed or open cargo area shall ensure that no child under16 years of age is transported in the bed or cargo area of that vehicle. Anopen bed or open cargo area is a bed or cargo area without permanent overheadrestraining construction.
(b) Subsection (a) ofthis section does not apply in any of the following circumstances:
(1) An adult is presentin the bed or cargo area of the vehicle and is supervising the child.
(2) The child is securedor restrained by a seat belt manufactured in compliance with Federal MotorVehicle Safety Standard No. 208, installed to support a load strength of not lessthan 5,000 pounds for each belt, and of a type approved by the Commissioner.
(3) An emergencysituation exists.
(4) The vehicle is beingoperated in a parade.
(5) The vehicle is beingoperated in an agricultural enterprise, including providing transportation toand from the principal place of the agricultural enterprise.
(6) Repealed by SessionLaws 2008‑216, s. 1, effective October 1, 2008.
(c) Any personviolating this section shall have committed an infraction and shall pay apenalty of not more than twenty‑five dollars ($25.00), even if more thanone child less than 16 years of age is riding in the open bed or open cargoarea of a vehicle. A person found responsible for a violation of this sectionmay not be assessed court costs.
(d) No drivers licensepoints or insurance surcharge shall be assessed on account of violation of thissection. A violation of this section shall not constitute negligence per se. (1993 (Reg. Sess., 1994), c.672, s. 1; 1995, c. 163, s. 7; 1999‑183, s. 4; 2008‑216, s. 1.)
§ 20‑135.2B. Transporting children under 16 years of age in open bed or open cargo area of avehicle prohibited; exceptions.
(a) The operator of avehicle having an open bed or open cargo area shall ensure that no child under16 years of age is transported in the bed or cargo area of that vehicle. Anopen bed or open cargo area is a bed or cargo area without permanent overheadrestraining construction.
(b) Subsection (a) ofthis section does not apply in any of the following circumstances:
(1) An adult is presentin the bed or cargo area of the vehicle and is supervising the child.
(2) The child is securedor restrained by a seat belt manufactured in compliance with Federal MotorVehicle Safety Standard No. 208, installed to support a load strength of not lessthan 5,000 pounds for each belt, and of a type approved by the Commissioner.
(3) An emergencysituation exists.
(4) The vehicle is beingoperated in a parade.
(5) The vehicle is beingoperated in an agricultural enterprise, including providing transportation toand from the principal place of the agricultural enterprise.
(6) Repealed by SessionLaws 2008‑216, s. 1, effective October 1, 2008.
(c) Any personviolating this section shall have committed an infraction and shall pay apenalty of not more than twenty‑five dollars ($25.00), even if more thanone child less than 16 years of age is riding in the open bed or open cargoarea of a vehicle. A person found responsible for a violation of this sectionmay not be assessed court costs.
(d) No drivers licensepoints or insurance surcharge shall be assessed on account of violation of thissection. A violation of this section shall not constitute negligence per se. (1993 (Reg. Sess., 1994), c.672, s. 1; 1995, c. 163, s. 7; 1999‑183, s. 4; 2008‑216, s. 1.)
§ 20‑135.2B. Transporting children under 16 years of age in open bed or open cargo area of avehicle prohibited; exceptions.
(a) The operator of avehicle having an open bed or open cargo area shall ensure that no child under16 years of age is transported in the bed or cargo area of that vehicle. Anopen bed or open cargo area is a bed or cargo area without permanent overheadrestraining construction.
(b) Subsection (a) ofthis section does not apply in any of the following circumstances:
(1) An adult is presentin the bed or cargo area of the vehicle and is supervising the child.
(2) The child is securedor restrained by a seat belt manufactured in compliance with Federal MotorVehicle Safety Standard No. 208, installed to support a load strength of not lessthan 5,000 pounds for each belt, and of a type approved by the Commissioner.
(3) An emergencysituation exists.
(4) The vehicle is beingoperated in a parade.
(5) The vehicle is beingoperated in an agricultural enterprise, including providing transportation toand from the principal place of the agricultural enterprise.
(6) Repealed by SessionLaws 2008‑216, s. 1, effective October 1, 2008.
(c) Any personviolating this section shall have committed an infraction and shall pay apenalty of not more than twenty‑five dollars ($25.00), even if more thanone child less than 16 years of age is riding in the open bed or open cargoarea of a vehicle. A person found responsible for a violation of this sectionmay not be assessed court costs.
(d) No drivers licensepoints or insurance surcharge shall be assessed on account of violation of thissection. A violation of this section shall not constitute negligence per se. (1993 (Reg. Sess., 1994), c.672, s. 1; 1995, c. 163, s. 7; 1999‑183, s. 4; 2008‑216, s. 1.)
