Is it legal to ride in the bed of a truck in Texas?

What the law says

Texas sets its truck-bed rule in section 545.414 of the Texas Transportation Code. It says:

“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.”

The driver is the one charged. Section 545.414(a) of the Texas Transportation Code makes the offense the act of operating the truck, or pulling the flatbed trailer, while someone under 18 is in the bed. It does not make riding an offense for the child.

The fine. Under section 545.414(b) of the Texas Transportation Code, the offense is a misdemeanor punished by a fine of at least $25 and at most $200.

Adults. Section 545.414 of the Texas Transportation Code is about riders younger than 18. It sets no rule for adults in the bed.

The seat-belt law does not reach the bed. Section 545.413 of the Texas Transportation Code makes it an offense for a person 15 or older riding in a passenger vehicle not to wear a safety belt, but only when the person is occupying a seat equipped with one. A truck bed is not a seat fitted with a belt.

What changes the answer

A parade or an emergency. Under section 545.414(c) of the Texas Transportation Code, it is a defense that the driver was operating or towing the vehicle in a parade or in an emergency.

Farm work. It is also a defense, under section 545.414(c) of the Texas Transportation Code, to be moving farmworkers from one field to another on a farm-to-market road, ranch-to-market road or county road outside a city.

A beach. Driving on a beach is a defense under section 545.414(c) of the Texas Transportation Code.

The family’s only vehicle. Under section 545.414(c) of the Texas Transportation Code, it is a defense that the truck is the only vehicle owned or operated by the members of a household. The section takes the meaning of “household” from the Family Code. Section 71.005 of the Texas Family Code defines it as people living together in the same home, whether or not they are related. So housemates who share one truck count, not only families.

A permitted hayride. Under section 545.414(c) of the Texas Transportation Code, a hayride is a defense if every county or city it passes through, or their law enforcement agency, has permitted it.

A civil case. Section 545.414(d) of the Texas Transportation Code says:

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

So in a lawsuit after a crash, whether a child was in the bed in breach of this rule cannot itself be offered as evidence, under section 545.414(d) of the Texas Transportation Code. The rule decides only the fine.

Seat belts in the cab. For people riding in seats, section 545.413 of the Texas Transportation Code applies. A rider 15 or older who is not buckled can be fined $25 to $50. A driver who lets a child under 17 ride unbuckled, where the child does not need a car seat, can be fined $100 to $200.

Medical and work defenses for belts. Under section 545.413(e) of the Texas Transportation Code, a rider can defend a seat-belt ticket with a physician’s written statement of a medical reason, including one shown to the court within 10 days of the offense. There are also defenses for some delivery, postal, meter-reading and waste-collection work.

What this page covers. It covers sections 545.413 and 545.414 of the Texas Transportation Code. City ordinances and other parts of the code were not read here.