Riding in the back of a pickup truck in NC is legal for anyone 16 or older, but North Carolina law prohibits drivers from carrying children under 16 in an open truck bed on public roads unless a narrow exception applies. The driver, not the passenger or the child’s parent, is the one who faces the penalty.
The Rule for Children Under 16
N.C.G.S. ยง 20-135.2B makes it unlawful for any driver to transport a child under 16 in the open bed or open cargo area of a vehicle on any highway, street, or public vehicular area in North Carolina.1North Carolina General Assembly. North Carolina Code Section 20-135.2B – Transporting Children Under 16 in Open Bed or Open Cargo Area Prohibited Responsibility falls on whoever is behind the wheel.
When a Child Under 16 Can Legally Ride in the Bed
The statute lists five situations where the prohibition does not apply. Anything outside this list is a violation.
- An adult is in the bed actively supervising the child.
- The child is secured by a seatbelt that meets Federal Motor Vehicle Safety Standard No. 208, is installed to handle at least 5,000 pounds of load strength per belt, and is of a type approved by the Commissioner of Motor Vehicles.
- An emergency makes truck bed transport necessary.
- The truck is in a parade.
- The vehicle is being used in agricultural work, including transport to and from the farm.
The seatbelt exception sounds like an easy fix, but it rarely is. A standard aftermarket belt bolted into the bed does not qualify on its own. It has to meet the federal crash standard, hit the 5,000-pound load requirement per belt, and carry approval from North Carolina’s Commissioner of Motor Vehicles.1North Carolina General Assembly. North Carolina Code Section 20-135.2B – Transporting Children Under 16 in Open Bed or Open Cargo Area Prohibited Most off-the-shelf truck bed seat kits are not built to that specification.
What Counts as an Open Bed
The statute defines an open bed or open cargo area as one lacking permanent overhead restraining construction.1North Carolina General Assembly. North Carolina Code Section 20-135.2B – Transporting Children Under 16 in Open Bed or Open Cargo Area Prohibited A camper shell or topper that is welded or bolted on would fall outside the definition. A tarp or canvas cover does not. A structure that can be unsnapped and lifted off likely does not either.
Penalty for a Violation
A violation is an infraction with a maximum fine of $25, and the same $25 cap applies even if more than one child under 16 is in the bed.1North Carolina General Assembly. North Carolina Code Section 20-135.2B – Transporting Children Under 16 in Open Bed or Open Cargo Area Prohibited There are no license points, no insurance surcharge, and no court costs assessed for the violation. The statute also states that a violation does not constitute negligence per se, meaning the fact of breaking this law does not by itself prove negligence in a lawsuit.
Passengers 16 and Older
State law places no restriction on anyone 16 or older riding in an open truck bed. There is no speed limit rule, no restriction based on road type, and no seatbelt requirement for adults in the cargo area. A 17-year-old riding in the back of a pickup on the interstate is not violating any North Carolina statute.
Legal and safe are not the same question, though, and the answer to the second one is harder.
The Safety Numbers
Pickup cargo areas are built for equipment, not people. No crumple zones, no airbags, no seatbelts, no barrier to keep a passenger inside during a sudden stop or a crash.
The National Highway Traffic Safety Administration reports that a person riding in the cargo area of a pickup is 26 times more likely to be ejected than someone riding in the cab. The risk of death for a cargo area passenger is eight times higher than for a properly belted occupant up front.2National Highway Traffic Safety Administration. Protecting Children Most fatal ejections happen in rollovers, but even a low-speed rear-end hit can throw an unrestrained passenger out of the bed. Highway speeds amplify every force involved.
If Someone Gets Hurt
North Carolina is one of the few states that still applies pure contributory negligence. If an injured person is even partially at fault for their own injury, they can be completely barred from recovering damages. A truck bed passenger who gets hurt in a crash may face the argument that choosing to ride in the cargo area was itself a negligent decision, regardless of what the other driver did.
The statute’s “not negligence per se” language cuts both directions. A driver hauling a child in the bed isn’t automatically negligent because of the violation, but an injured plaintiff can’t rely on the statute alone to prove the case. They’d need to show carelessness through other evidence, such as speeding, distraction, or a reckless maneuver.1North Carolina General Assembly. North Carolina Code Section 20-135.2B – Transporting Children Under 16 in Open Bed or Open Cargo Area Prohibited
Insurance adds another layer. Liability coverage generally extends to passengers, but insurers in disputed claims have argued that a truck bed passenger assumed the risk by voluntarily riding in an unprotected area. Whether that argument goes anywhere depends on the policy language and the facts of the crash, and it’s the kind of dispute most people would rather not be in.