Riding in the bed of a pickup truck | MassCops

Riding in the bed of a pickup truck

Discussion in 'Vehicle Laws' started by ClintEastwood4Sheriff, Jul 26, 2019.

  1. ClintEastwood4Sheriff

    ClintEastwood4Sheriff MassCops Member

    If a driver had an adult or let’s assume an adult riding in the bed of his pickup truck, can the driver be cited with anything..?

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  2. RodneyFarva

    RodneyFarva Get off my lawn!

    Unrestrained Operator or Passengers (ages 13+) Ch 90-13A Civil Fine $30.00
    Secondary Enforcement - Motor Vehicle Stop M.G.L. Chapter 90-13A = Operators, Passengers including Children Age 13 and over Ch 90-13A = A vehicle is being operated upon any way and the operator or any passenger, who is at least 13 years old, or older, does not have his or her seat belt properly fastened. If a passenger is at least 13 years old, but not yet 16 years old (15 years & 364 days) cite the operator a $30.00 C.M.V.I. The driver is responsible for the all passengers under age 16. It is not necessary to identify the passengers under age 16, as the driver is being cited. For example: If you have 3 passengers under age 16 in vehicle, you can issue a civil citation for Ch. 90-13A for $90.00 to the operator. (3 unrestrained occupants ages 13, 14 & 15 on the citation) Once an operator or passenger is 16 years old or older, cite the unrestrained or improperly restrained offender(s). If a passenger appears to be 16 years or older, you are allowed to extend the motor vehicle stop to ask them for identification to enforce this chapter & section of law. Comm. V. Elysee 77 Mass App. Ct. 833 (2010) If a passenger refuses to provide their name and address (or identification), troopers and officers may not arrest them as they are not in control of the vehicle. This is not part of U.L.I.A.R.S. Exceptions: Operators of Taxis, Buses, Liveries, Tractors and Trucks over 18,000lbs & Physically Unable
    Edmizer1 and CCCSD like this.
  3. patrol22

    patrol22 MassCops Member

    That’s ridiculous. It’s a petty thing but this is why MA needs a better obstruction law.
    RodneyFarva likes this.
  4. ClintEastwood4Sheriff

    ClintEastwood4Sheriff MassCops Member

    Could this fit under the umbrella of impeded operation as well?

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  5. ClintEastwood4Sheriff

    ClintEastwood4Sheriff MassCops Member

    I should reformulate my question:

    Is there a primary offense or cmvi that would permit a police officer to pull someone over for having someone in the bed of the truck who appears to be an adult(s)?

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  6. RodneyFarva

    RodneyFarva Get off my lawn!

    Primary offense: "PICK-UP TRUCK, ALLOWING CHILDREN UNDER 12 IN BED C.90/S13 $40."
  7. j809

    j809 Subscribing Member

    90-24 Negligent Operation - Criminal

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    mpd61 likes this.
  8. USM C-2

    USM C-2 MassCops Member

    Ummm... As a general rule, if it's illegal in Mississippi, it's probably illegal in Massachusetts!

    § 63-2-1. Requirement of use of safety seat belt system by operator and passengers in passenger motor vehicle; protection of children.
    (1) When a passenger motor vehicle is operated in forward motion on a public road, street or highway within this state, every operator and every passenger shall wear a properly fastened safety seat belt system, required to be installed in the vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard 208.
    (2) “Passenger motor vehicle” for purposes of this chapter means a motor vehicle designed to carry fifteen (15) or fewer passengers, including the driver, but does not include motorcycles that are not autocycles as defined in Section 63-3-103, mopeds, all-terrain vehicles or trailers.
    (3) This section shall not apply to:
    (a) Vehicles which may be registered for “farm” use, including “implements of husbandry” as defined in Section 63-21-5(d), and “farm tractors” as defined in Section 63-3-105(a);
    (b) An operator or passenger possessing a written verification from a licensed physician that he is unable to wear a safety belt system for medical reasons;
    (c) A passenger car operated by a rural letter carrier of the United States Postal Service or by a utility meter reader while on duty;
    (d) Buses; or
    (e) A child who is required to be protected by the use of a child passenger restraint device or system or a belt-positioning booster seat system under the provisions of Sections 63-7-301 through 63-7-311.
  9. Bloodhound

    Bloodhound MassCops Member

    Adult seatbelt violations are not a "primary enforcement" violation in Massachusetts. Can't stop someone for that by itself.
    USM C-2 likes this.
  10. 38bigblock

    38bigblock MassCops Member

    Depending on the speed of the vehicle, and other MV offenses. 89/9, 89/4a, 90/17, 90/18, 89/7, 90/13 (impeded) you can charge OTE, if your supervisor approves it of course, I’d say it’s reasonable to charge if they are texting & driving with people in the bed, blowing stop signs, marked lanes. Just my opinion though.
  11. CCCSD

    CCCSD MassCops Member

    I swear, the title of this post made me think it was a sequel to The Bridges of Madison County.

  12. pahapoika

    pahapoika Subscribing Member

    slow day at the office ?
    CCCSD and 38bigblock like this.
  13. pahapoika

    pahapoika Subscribing Member

    One of the few Clint Eastwood movies i haven't seen :cool:
    CCCSD likes this.

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