H.B. 4255 (H-1): COMMITTEE SUMMARY - RIDING IN PICKUP TRUCK BEDS

House Bill 4255 (Substitute H-1 as passed by the House)

Sponsor: Representative Deb Cherry

Senate Committee: Transportation and Tourism

Date Completed: 10-7-97

CONTENT

The bill would amend the Michigan Vehicle Code to prohibit a person under 16 years of age from riding in the bed of a pickup truck; specify exceptions to the prohibition; and, provide that a violation of the bill by an owner or operator would be a civil infraction. The bill would take effect January 1, 1998.

Under the bill, a person under 16 years of age could not ride, and an owner or operator could not permit a person under 16 years of age to ride, in the bed of a pickup truck on a highway or other place open to the general public in a city, village, or township. The bill would provide an exception when a person was properly seated on a seat and wearing a properly adjusted and fastened safety belt, both of which were of a type and installed in manner meeting Federal requirements.

The bill would not apply to the operator or a passenger of any of the following:

-- A motor vehicle operated as part of a parade pursuant to a permit issued by the governmental unit with jurisdiction over the highway or street.

-- A military motor vehicle.

-- An authorized emergency vehicle.

-- A motor vehicle controlled or operated by an employer or an employee of a farm operation, construction business, or similar enterprise during the course of work activities.

-- A motor vehicle used to transport a search and rescue team to and from the site of an emergency.

An owner or operator of a motor vehicle who permitted a person under 16 years of age to ride in the bed of a pickup truck in violation of the bill would be responsible for a civil infraction.

Proposed MCL 257.682b - Legislative Analyst: L. Arasim

FISCAL IMPACT

There could be an increase in administrative costs due to additional enforcement duties arising from an increase in issued citations. There could be increased savings to the State due to decreases in injuries as a result of persons' riding in the back of pickups. Total costs would depend on the number of citations issued. Therefore, the fiscal impact of this proposal is indeterminate.

- Fiscal Analyst: E. Limbs

S9798\S4255SA

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.