SECTION 748.4043. Do the seat belt requirements prohibit transporting children in the bed of a pick-up truck?

(a) Children may be transported in the bed of a pick-up truck on the facility grounds if the following conditions are met:

(1) If children are being transported in the bed of a pick-up truck, children must be at least 13 years old;

(2) Children must be seated;

(3) No children may sit on the side of the vehicle, the tire wells, or on the tailgate;

(4) No children may lean against the tailgate;

(5) The tailgate must be securely closed while the vehicle is in motion;

(6) The vehicle must travel at a safe speed consistent with the terrain and weather conditions;

(7) The driver of the vehicle must be knowledgeable about the dangers associated with issues, such as but not limited to, sudden braking and travel over uneven terrain; and

(8) Open bed pick-up trucks or trailers must not be used to transport children on public roads.

(b) Subsection (a) of this section does not apply to hay-rides on trailer beds for special occasions as long as there is adequate adult supervision to prevent children from falling off of the trailer.

(c) At all other times transportation is provided by the operation, employees, or volunteers, each child must be in a child passenger safety seat system when the vehicle is in motion.

Source Note: The provisions of this §748.4043 adopted to be effective January 1, 2007, 31 TexReg 7377; amended to be effective January 1, 2017, 41 TexReg 10393; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909