Riding in the bed of a a pickup truck carries legal implications in New Hampshire, primarily centered on safety and liability. State law addresses this, with regulations that drivers and passengers should understand.
Here’s what you need to know about New Hampshire’s stance on riding in the back of a truck.
Statutory Requirements
New Hampshire law regulates the transport of passengers in the open bed of a pickup truck through RSA 265:105.1Justia. New Hampshire Revised Statutes Section 265:105 (2022) – Passenger Transport in Truck Beds This statute prohibits operating a truck on a public way—which includes public highways, roads, and streets—while individuals are in the open cargo area.2New Hampshire General Court. Section 259:125 Way
The primary intent behind this law is to address the significant dangers of riding in an unenclosed part of a moving vehicle. An open truck bed offers no protection during a collision, sudden stop, or sharp maneuver, leaving passengers highly vulnerable to ejection and severe injury. Responsibility for compliance rests with the driver, who controls the vehicle’s operation and the manner in which passengers are transported.
Age-Based Rules
The state’s approach to passengers in truck beds includes specific rules for younger individuals, recognizing that children face heightened risks. They may be less capable of anticipating hazards or protecting themselves during an incident.
Consequently, the law explicitly forbids driving a truck on a public way with any minor under 18 years of age as a passenger in the open section of the vehicle.
Enforcement and Penalties
Law enforcement officers, including state troopers and local police, are authorized to act when they observe violations of the rules governing passenger transport in truck beds. If an officer witnesses individuals being carried unlawfully in the back of a truck, they may conduct a traffic stop.
Operating a truck in contravention of this law results in specific penalties. A conviction is classified as a violation under New Hampshire law, leading to fines rather than imprisonment.3New Hampshire General Court. Section 625:9 Classification of Crimes While fine amounts can be subject to a standard schedule for traffic infractions, judicial discretion or specific case details may influence the final sum.4NH Division of Motor Vehicles. Fines for Common Traffic Violations (DSMV 428) Beyond immediate penalties for the driver, unsafely transporting passengers can also lead to broader civil liability if an accident causes injury.
Exemptions
While New Hampshire law sets clear restrictions, it also outlines specific situations where these rules do not apply, acknowledging circumstances where such transport might be necessary or customary under certain conditions.
One notable exemption applies to individuals engaged in agricultural work. Transporting people in the open bed of a truck is permitted if they are being moved in the regular course of employment for farming purposes, recognizing the practical needs of such operations.
The prohibition is also lifted for vehicles participating in parades authorized by the relevant governmental authority. This accommodates a common practice in community events, where the controlled environment, slow speeds, and road closures mitigate some risks.
Additionally, an exemption exists if the truck is not operated on a public way. Therefore, if a truck operates exclusively on private property, such as a large estate, a construction site not open to public travel, or private logging roads, the restrictions on passenger transport in the bed do not apply. This distinction reflects the state’s primary focus on ensuring safety on public thoroughfares.