§291-14  Pickup trucks; passengerrestrictions.  (a)  No person shall stand in the bed or load-carrying areaof any motor vehicle commonly known as a pickup truck while the vehicle is inoperation.  No operator of any pickup truck shall operate the vehicle with apassenger seated in the bed or load-carrying area of the vehicle unless:

(1)  There is no seating available in the cab of thevehicle;

(2)  The side racks of the vehicle are securelyattached and the tailboard or tailgate is securely closed;

(3)  Every passenger in the bed or load-carrying areaof the vehicle is seated on the floor and does not attempt to control unlashedcargo.

(b)  This section shall not apply to persons orcorporations operating a business or businesses that serve the public, who orwhich are subject to the jurisdiction, supervision, and regulations prescribedby state agencies or departments nor to their agents or employees when engagedin the business of such persons or corporations.

(c)  No operator of any pickup truck may operatethe vehicle with any passenger twelve years of age or under in the bed orload-carrying area of the vehicle, unless one of the following applies:

(1)  An emergency exists that threatens the life ofthe passenger being transported in the bed or load-carrying area of thevehicle; or

(2)  The vehicle is being operated in parades,caravans, or exhibitions which are officially authorized or otherwise permittedby law.

(d)  Any person who violates this section shallbe subject to a fine of $25 for each violation; provided that any person whoviolates subsection (c) shall be subject to a fine of $50 for each separateviolation.

(e)  As used in this section, "pickuptruck" means a light truck that has a cab on the front part of the vehiclecovering the driver's seat and an open bed behind the cab designed primarily totransport property or cargo, with sides and a tailgate to retain the contentswithin the confines of the bed, and has a maximum gross vehicle weight rating(GVWR) of 11,000 pounds or less. [L 1989, c 167, §1; am L 1990, c 122, §1; am L1997, c 60, §6 and c 105, §1]