| 1 | A bill to be entitled |
| 2 | An act relating to traffic safety; amending s. 316.2015, |
| 3 | F.S.; removing an exception to prohibition of persons |
| 4 | riding on the exterior of a passenger vehicle; revising |
| 5 | exceptions to prohibition of persons riding on any vehicle |
| 6 | on an area of the vehicle not designed or intended for the |
| 7 | use of passengers; prohibiting operator from allowing |
| 8 | certain minors to ride within the open body of a pickup |
| 9 | truck or flatbed truck; providing exceptions; providing |
| 10 | penalties; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 316.2015, Florida Statutes, is amended |
| 15 | to read: |
| 16 | 316.2015 Unlawful for person to ride on exterior of |
| 17 | vehicle.-- |
| 18 | (1) It is unlawful for any operator of a passenger vehicle |
| 19 | to permit any person to ride on the bumper, radiator, fender, |
| 20 | hood, top, trunk, or running board of such vehicle when operated |
| 21 | upon any street or highway which is maintained by the state, |
| 22 | county, or municipality. However, the operator of any vehicle |
| 23 | shall not be in violation of this section when such operator |
| 24 | permits any person to occupy seats securely affixed to the |
| 25 | exterior of such vehicle. Any person who violates the provisions |
| 26 | of this subsection shall be cited for a moving violation, |
| 27 | punishable as provided in chapter 318. |
| 28 | (2)(a) No person shall ride on any vehicle upon any |
| 29 | portion thereof not designed or intended for the use of |
| 30 | passengers. This paragraph shall not apply to an employee of a |
| 31 | fire department, an employee of a governmentally operated solid |
| 32 | waste disposal department or a waste disposal service operating |
| 33 | pursuant to a contract with a governmental entity, or to a |
| 34 | volunteer firefighter when the employee or firefighter is |
| 35 | engaged in the necessary discharge of a duty and shall not apply |
| 36 | to a person who is being transported in response to an emergency |
| 37 | by a public agency or pursuant to the direction or authority of |
| 38 | a public agency This provision shall not apply to an employee |
| 39 | engaged in the necessary discharge of a duty or to a person or |
| 40 | persons riding within truck bodies in space intended for |
| 41 | merchandise. |
| 42 | (b) It is unlawful for any operator of a pickup truck or |
| 43 | flatbed truck to permit a minor child who has not attained 18 |
| 44 | years of age to ride upon the public roads of the state within |
| 45 | the open body of the pickup truck or flatbed truck unless the |
| 46 | minor is restrained within the open body in the back of a truck |
| 47 | which has been modified to include secure seating and safety |
| 48 | restraints which would prevent the minor from being thrown, |
| 49 | falling, or jumping from the truck. This paragraph shall not |
| 50 | apply in a medical emergency if the child is accompanied within |
| 51 | the truck by an adult and shall not apply when the truck is |
| 52 | being operated on a farm or off the public roads of the state. |
| 53 | (c) Any person who violates the provisions of this |
| 54 | subsection shall be cited for a nonmoving violation, punishable |
| 55 | as provided in chapter 318. |
| 56 | (3) This section shall not apply to a performer engaged in |
| 57 | a professional exhibition or person participating in an |
| 58 | exhibition or parade, or any such person preparing to |
| 59 | participate in such exhibitions or parades. |
| 60 | Section 2. This act shall take effect July 1, 2005. |