Question for the LEOs

[mystic96]

Is it illegal to haul our kids around in this?



We haven't run into any trouble driving around since Kat bought this but just wanted to know if we'll be looking for a ticket or something by having kids in the back seat with the roof off.

They'll of course be in their booster seats and buckled in. The truck only has lap belts in the back.

Someone tried telling me about transportation code 545.414 but that was about hauling kids in the back of an open pickup truck bed. I would think this is more or less just like a convertable SUV or like taking the roof off of a Jeep.

[Grimpala]

Shouldn't be anything illegal with it, however, I would feel better hauling my kids around in it if it had a cage.

Think about it this way, the fiberglass top isn't going to protect you in a rollover anymore than not having the top is. With a jeep when you take of the top you still have that rollbar protection.

It's more of a judgement call than a legal/illegal question.

[03trubluGT]

Shouldn't be anything illegal with it, however, I would feel better hauling my kids around in it if it had a cage.

Think about it this way, the fiberglass top isn't going to protect you in a rollover anymore than not having the top is. With a jeep when you take of the top you still have that rollbar protection.

It's more of a judgement call than a legal/illegal question.

The bad thing about this topic is that it is about a law, which can be left to interpretation, or discretion.

I don't think the intent of the law is to protect in a rollover as much as it is to keep bodies contained.

My opinion is that since it is not a "pickup truck" you should be fine. But if you run across what folks here to be considered the typical jack-booted thug cop, then you might be cited.

Here's the statute:

Sec.A545.414.AARIDING IN OPEN BEDS; OFFENSE. (a) A person
commits an offense if the person operates an open-bed pickup truck
or an open flatbed truck or draws an open flatbed trailer when a
child younger than 18 years of age is occupying the bed of the truck
or trailer.

(b)An offense under this section is a misdemeanor
punishable by a fine of not less than $25 or more than $200.

(c)It is a defense to prosecution under this section that
the person was:

(1)operating or towing the vehicle in a parade or in
an emergency;

(2)operating the vehicle to transport farmworkers
from one field to another field on a farm-to-market road,
ranch-to-market road, or county road outside a municipality;

(3)operating the vehicle on a beach;

(4)operating a vehicle that is the only vehicle owned
or operated by the members of a household; or

(5)operating the vehicle in a hayride permitted by
the governing body of or a law enforcement agency of each county or
municipality in which the hayride will occur.

(d)Compliance or noncompliance with Subsection (a) is not
admissible evidence in a civil trial.

(e)In this section, "household" has the meaning assigned by
Section 71.005, Family Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 79, Sec. 1, eff. Sept. 1, 2001.

[Blackout]

but if it has a seat in the bed with belts its ok right?

[Treybiz]

Get a cage built Marcus... Problem solved.

[mstng86]

I wouldn't feel comfortable driving my kids around in it. Just my .02 though.

[ceyko]

I'd not risk it for debris alone that could hit them.

[Tannerm]

I agree with trublu, but if you get that one traffic officer who sees this as a rollover hazard, you might be pressing hard, three copies.

[Chili]

For those of you saying you wouldn't want your kids riding in that, what's the difference between that and any run of the mill convertible?

And IMO that is not a pick-up, it's an SUV. Just because it kind of looks like a pick-up doesn't make it one. It's no different than a Bronco or an 80's 4-runner or a Jeep with a removeable top.

[Wicked98Snake]

I have a 91 vert and a 4 year old. We have taken him out in it a few times with no incidents. I think this would fall into the same category as a convertable car, although maybe a better chance to rollover in a truck but you should be fine.

[mstng86]

For those of you saying you wouldn't want your kids riding in that, what's the difference between that and any run of the mill convertible?

And IMO that is not a pick-up, it's an SUV. Just because it kind of looks like a pick-up doesn't make it one. It's no different than a Bronco or an 80's 4-runner or a Jeep with a removeable top.

I won't put my kid in a vert either. unless there was a rollbar.

[kingjason]

If an officer wrights you for that he is a big #@#@$ and I would bet a judge would throw it out. Now if you were out driving like an idiot maybe it could be stretched but it really doesnt fit.

You know as long as you dont drive like a raging idiot who cares about a cage. If you take them out four wheeling then yes i would throw a cage in it. All we are talking about is odds basically. You could be in the safest car in america and get samwiched between two 18 wheelers and nothing in the world is going to help you. 99 percent of the accidents I have worked have not resuslted in a rollover in 9 years.

[mstng86]

If an officer wrights you for that he is a big #@#@$ and I would bet a judge would throw it out. Now if you were out driving like an idiot maybe it could be stretched but it really doesnt fit.

You know as long as you dont drive like a raging idiot who cares about a cage. If you take them out four wheeling then yes i would throw a cage in it. All we are talking about is odds basically. You could be in the safest car in america and get samwiched between two 18 wheelers and nothing in the world is going to help you. 99 percent of the accidents I have worked have not resuslted in a rollover in 9 years.

Shit happens.

[fordracing19]

I won't put my kid in a vert either. unless there was a rollbar.

When I had my vert I my son rode with the top down all the time. Not like the top would do much good in a crash or rollover.

[mstng86]

When I had my vert I my son rode with the top down all the time. Not like the top would do much good in a crash or rollover.

Hence why I said Vert without a rollbar. The top won't do shit, period.

My wife had a cavalier vert when we got married. We had the kiddo, and that car was for sale immediately. Sucks too, because that car got a good 32mpg.