Is It Illegal to Ride in the Bed of a Truck in Colorado?

Riding in the bed of a truck is not automatically illegal in Colorado, but the law only allows it under specific conditions. Under Colorado Revised Statutes Section 42-4-201, a passenger may ride in a truck’s cargo area only if they are seated and the cargo area is at least partially enclosed on all four sides. Break either condition and the driver commits a Class A traffic infraction carrying a fine of up to $100.¹

The Seated and Enclosed Rule

Section 42-4-201(6) bars anyone from riding on the outside of a moving vehicle or on any part of it not designed for passengers. It also makes the driver responsible: an operator cannot knowingly let someone ride in a prohibited position. The statute names two lawful places to ride: the cab, or the cargo area if the person is sitting and the cargo area is fully or partially enclosed on all four sides.¹

A standard pickup meets that description when the tailgate is up. The cab wall, the two side walls, and the closed tailgate give you a cargo area enclosed on all four sides. A seated passenger inside it is riding legally.²

The word doing the work is “sitting.” Standing up, kneeling, or leaning over the side walls puts the passenger outside what the statute allows. Drop the tailgate and the bed is no longer enclosed on all four sides, so even a seated passenger is now riding illegally.

Colorado does not set different rules by age. Some states outright ban minors from truck beds; Section 42-4-201 applies the same seated-and-enclosed standard to a teenager and an adult.¹

Narrow Exceptions

Two situations sit outside the standard rule:

Officially authorized parades, caravans, and exhibitions. If the event is permitted by law, passengers may ride in the bed regardless of the seating and enclosure requirements.¹
Government vehicles and certain contractors. Vehicles owned by the federal government, the State of Colorado, or its political subdivisions are exempt, as are privately owned vehicles working under a government contract or a Public Utilities Commission permit, provided the vehicle has adequate handrails and safeguards for anyone riding on the exterior.¹

Colorado does not include an agricultural or farm-work exception. Transporting workers in an open bed on a public road falls under the regular rule.

Fine, Points, and Who Gets the Ticket

A violation of Section 42-4-201 is a Class A traffic infraction, which is a civil matter rather than a criminal offense.¹ The fine for a Class A infraction runs from $15 to $100, plus a surcharge of at least $4 when the penalty schedule does not set a different one.³ Court costs and other surcharges can push the total higher.

The citation goes to the driver, not the passenger, because the statute makes the operator responsible for knowingly allowing an unlawful ride. Points attach to the driver’s record, and enough points in a rolling window can trigger a license suspension.⁴

Civil Liability if a Bed Passenger Is Hurt

The ticket is a small problem compared with what a driver faces if someone in the bed gets injured. Even when the ride is legal under Section 42-4-201, a driver whose negligence contributes to a crash can be financially responsible for a bed passenger’s medical bills, lost wages, and other damages. Running a stop sign, texting, or driving impaired all fit that picture.

When another driver causes the collision, that driver’s liability insurance would generally cover the bed passengers’ injuries the same way it covers anyone else in the truck. The catch is that a person in the bed has no seatbelt, no airbag, and no structural protection, so injuries tend to be more severe than those inside the cab. Higher medical costs mean larger insurance claims and, potentially, larger lawsuits.

Legal Is Not the Same as Safe

A seated passenger in a closed bed is legal in Colorado. That does not make the bed a safe place to ride. The cargo area offers none of the crash protection built into the cab, and the biggest risk is ejection: a sudden stop, a swerve, or a collision can throw an unrestrained passenger from the vehicle entirely, even at modest speeds. Road debris, weather, and exhaust fumes add smaller hazards. If passengers do ride in the bed, low speeds and avoiding highways are basic precautions the law does not require.

1
Justia. Colorado Code 42-4-201 – Obstruction of View or Driving Mechanism – Hazardous Situation
2
Insurance Institute for Highway Safety. Restrictions on Riding in Pickup Beds
3
FindLaw. Colorado Code 42-4-1701 – Traffic Offenses and Infractions Classification and Penalties
4
Colorado Department of Revenue. Point Suspensions