It Is Against the Law for a Child Under What Age to Ride in the Open Bed of a Truck or Trailer? The Answer, State by State

Last reviewed: October 12, 2026. This article is general information, not legal advice. Truck-bed rules are set state by state and change from time to time; check your state's current vehicle code.

This one shows up on driver's license practice tests, and the honest answer is that it depends on the state. If you're cramming for a test, the number usually being asked for is 18, which is the Texas rule. But the law behind the question is more interesting, and in some states the rule is stricter than any age limit.

Short answer: It is against the law for a child under what age to ride in the open bed of a truck or trailer? In Texas, under 18 (Tex. Transp. Code § 545.414). California goes further: § 23116 bans anyone, of any age, from riding in the back of a pickup or flatbed on a highway unless they are secured in a proper restraint system or an exception applies. Other states set different ages or limit the rule to certain roads.

The California rule: § 23116 for trucks

California's rule is not about age at all. It covers both the driver (who may not transport anyone in the back) and the rider (who may not ride there). In summary, the exceptions are:

• Restraint system. The rider is secured with a restraint system that meets or exceeds the federal seat-belt standards cited in the statute (49 CFR 571.207, 571.209 and 571.210).
• Farm and ranch use. The truck is owned by a farmer or rancher and used only on land they own or manage, including incidental use of no more than one mile of highway between parts of the property.
• Emergencies. The rider is being transported in an emergency response situation by, or under the direction of, a public agency.
• Parades. The truck is in a parade supervised by law enforcement and goes no faster than 8 miles per hour.

The California rule for trailers: § 21712

Section 21712 deals with riding where passengers do not belong. In summary:

• A driver may not knowingly let someone ride on a vehicle, or a part of it, that is not designed or intended for passengers, and a person may not ride there (§ 21712(a)–(b)).
• Riding in a car's trunk is separately banned, with fines of $100 for a first violation, $200 for a second within a year, and $250 for a third or later within a year (§ 21712(c)–(e)).
• You may not drive while towing a trailer coach, camp trailer or boat trailer that has a passenger in it, except while a boat trailer is launching or recovering the boat (§ 21712(g)).
• A fifth-wheel trailer coach is exempt from that trailer rule if it has safety glazing, a device passengers can use to signal the driver, and at least one unobstructed exit that opens from inside and outside (§ 21712(i)).

Other state examples

These are examples only. Each one was read from the statute text; check the current version before relying on it.

Texas: under 18, with defenses

Texas § 545.414 closely matches the "under 18 ... truck or trailer" wording of the test question. A violation is a misdemeanor with a fine of $25 to $200. It is a defense that the driver was:

• in a parade or an emergency;
• moving farmworkers between fields on a farm-to-market, ranch-to-market or county road outside a city;
• driving on a beach;
• driving the only vehicle owned or operated by the household; or
• in a hayride permitted by the local government or law enforcement.

Texas also bars towing a boat or personal watercraft on a road while a child under 18 is in it (§ 545.4145), except in a parade, an emergency or on a beach.

Florida: under 18, on limited access highways

Fla. Stat. § 316.2015(2)(b) makes it unlawful for the driver of a pickup or flatbed truck to let a child under 18 ride in the open body on the state's limited access facilities, unless the child is restrained in a truck modified with secure seating and safety restraints. It does not apply in a medical emergency if an adult is with the child in the truck, and a county can vote to exempt itself. A violation is a nonmoving violation.

North Carolina: under 16, with exceptions

N.C. Gen. Stat. § 20-135.2B requires the driver of a vehicle with an open bed or cargo area to make sure no child under 16 rides there. Exceptions include an adult in the bed supervising the child, a child secured by a qualifying seat belt, an emergency, a parade, and agricultural use. The penalty is an infraction of up to $25, with no license points.

Why the law treats truck beds differently

An open truck bed has no seats, seat belts or airbags, and nothing to stop a rider from being thrown out in a sudden stop, swerve or crash. That is why California's exception centers on a restraint system that meets federal seat-belt standards, and Florida's on secure seating and safety restraints. Whatever your state allows, a seat with a belt (or the right child seat) is the safer place for a child.

If a child is hurt in a crash, a violation of these rules can come up in an insurance claim or lawsuit, though the effect differs by state. Texas says compliance or noncompliance with § 545.414 is not admissible in a civil trial, and North Carolina says a violation is not negligence per se. For more on what happens after a crash, see should I get a lawyer for a minor car accident?

Sources

• Tex. Transp. Code ch. 545, including §§ 545.414 and 545.4145 (Texas Legislature)
• Cal. Veh. Code § 23116 (FindLaw)
• Cal. Veh. Code § 21712 (FindLaw)
• Fla. Stat. § 316.2015 (Florida Legislature)
• N.C. Gen. Stat. § 20-135.2B (FindLaw)