HOUSE BILL NO. 208

INTRODUCED BY R. JOHNSON

A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING PASSENGERS IN THE BEDS OF PICKUP TRUCKS AND ON OPEN BED TRUCKS; PROVIDING EXCEPTIONS; AND AMENDING SECTIONS 61-13-104 AND 61-13-105, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Prohibition of passengers in beds of pickup trucks and on open bed trucks -- exceptions. (1) Except as provided in subsection (2), a driver may not operate a pickup truck or open bed truck upon a highway in the state with one or more passengers in or on the truck bed.

(2) Subsection (1) does not apply to:

(a) a passenger child subject to the provisions of 61-9-420;

(b) a passenger actually engaged in work activities during the course and scope of employment;

(c) a pickup truck the bed of which is enclosed by a camper or other hard cover;

(d) a truck participating in a parade;

(e) an emergency situation; or

(f) a passenger wearing a seatbelt and occupying a seat that is firmly and adequately attached to the truck.

(3) Whether or not subsection (2) applies, if the truck has a tailgate, it must be closed whenever there is a passenger in or on the truck bed.

(4) The department shall adopt rules defining "pickup truck" and "open bed truck" for purposes of this section.

Section 2. Section 61-13-104, MCA, is amended to read:

"61-13-104. Penalty -- no record permitted. (1) A driver who violates 61-13-103 must be fined $20, and a driver who violates [section 1] must be fined $50, but the violation is not a misdemeanor pursuant to 45-2-101, 46-18-236, 61-8-104, or 61-8-711. A violation of 61-13-103 or [section 1] may not be counted as a moving violation for purposes of suspending a driver's license under 61-11-203(2)(m). Bond for an offense is the amount of the fine, and a jail sentence may not be imposed.

(2) A violation of 61-13-103 or [section 1] may not be recorded or charged against the driver's record. An insurance company may not hold a violation of 61-13-103 or [section 1] against the insured or increase premiums due to a violation of 61-13-103 or [section 1]."

Section 3. Section 61-13-105, MCA, is amended to read:

"61-13-105. Education program. The highway traffic safety division of the department shall continue its program for public information and education concerning the benefits of wearing seatbelts and include within the program the requirements of 61-13-103 and [section 1] and the penalty specified in 61-13-104."

NEW SECTION. Section 4. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 61, chapter 13, part 1, and the provisions of Title 61 apply to [section 1].

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