Seatbelt RCW question

[Biggler20]

OK, trying to answer a question for someone. Im looking at RCW 46.61.(687) (688) (seatbelts). Ive read this on the WSP site.

Can my child or other person ride in the bed of my pickup?
Yes, provided there are no seats available in the cab. If adults are occupying the passenger seats, they are required to ride in the back so children can ride in the cab.

Washington does not have a law that prevents persons from riding in pickup beds. However, the seat belt law does require that all passenger positions with safety belts be utilized. Example: If there are five seating positions in the pickup and there are only two adults in the passenger compartment but three other persons in the pickup bed, the driver (depending on the age of the persons in the pickup bed) could be issued a Notice of Infraction.

What I need to know is where is this in the RCW's because the website says it but it doesnt seem to be in the law books. Anybody know this one?

[Die Kripo]

I would call Archives, someone there is probably so bored they would love to find that out for you

[hopperja]

Someone in my BLEA class looked this up a couple weeks ago. It is not noted in the RCWs, but he found it on the WSP website. I recall him saying that people can ride in the bed of a pickup, if the following conditions are met: all passenger seats in the cab are occupied, and, children get first priority to be in those passenger seats. I have not seen it myself on the WSP website, so look it up for yourself to be sure.

[Super_HKS]

Take your pick. I tried to find the exact answer but just couldnt. May you could take a peek

RCW 46.61.688
Safety belts, use required — Penalties — Exemptions.

(1) For the purposes of this section, the term "motor vehicle" includes:

(a) "Buses," meaning motor vehicles with motive power, except trailers, designed to carry more than ten passengers;

(b) "Multipurpose passenger vehicles," meaning motor vehicles with motive power, except trailers, designed to carry ten persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation;

(c) "Neighborhood electric vehicle," meaning a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than twenty miles per hour and not more than twenty-five miles per hour and conforms to federal regulations under 49 C.F.R. Sec. 571.500;

(d) "Medium-speed electric vehicle" meaning a self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than thirty miles per hour but not more than thirty-five miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 C.F.R. Sec. 571.500;

(e) "Passenger cars," meaning motor vehicles with motive power, except multipurpose passenger vehicles, motorcycles, or trailers, designed for carrying ten passengers or less; and

(f) "Trucks," meaning motor vehicles with motive power, except trailers, designed primarily for the transportation of property.

(2) This section only applies to motor vehicles that meet the manual seat belt safety standards as set forth in federal motor vehicle safety standard 208 and to neighborhood electric vehicles and medium-speed electric vehicles. This section does not apply to a vehicle occupant for whom no safety belt is available when all designated seating positions as required by federal motor vehicle safety standard 208 are occupied.

(3) Every person sixteen years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner.

(4) No person may operate a motor vehicle unless all child passengers under the age of sixteen years are either: (a) Wearing a safety belt assembly or (b) are securely fastened into an approved child restraint device.

(5) A person violating this section shall be issued a notice of traffic infraction under chapter 46.63 RCW. A finding that a person has committed a traffic infraction under this section shall be contained in the driver's abstract but shall not be available to insurance companies or employers.

(6) Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action.

(7) This section does not apply to an operator or passenger who possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety belt for physical or medical reasons.

(8) The state patrol may adopt rules exempting operators or occupants of farm vehicles, construction equipment, and vehicles that are required to make frequent stops from the requirement of wearing safety belts.

[Super_HKS]

What I need to know is where is this in the RCW's because the website says it but it doesnt seem to be in the law books. Anybody know this one?

To my knowledge from college, since the RCW is ever so changing, the RCW codes from a book may vary from online. Best thing to do in your case is to possibly contact a WSP office to get a 100% answer

[Biggler20]

I have checked the differences between online and my RCW bool. they read identical. Im stumped at this point. Im just going to wait till I go on my first coaching trip next month and ask the trooper. I just know its got to be writtent somewhere else other than the wsp website because you could easily fight that in court and win everytime if that were the case. Thanks for trying though guys.

[Biggler20]

Oh, very funny Die Kripo. I heard you got the snot beat out of you at the academy the other day!!!!! LOL...was it fun?

[Super_HKS]

Oh, very funny Die Kripo. I heard you got the snot beat out of you at the academy the other day!!!!! LOL...was it fun?

what happened to him?

[Biggler20]

Oh nothing, they did practicals at the academy last week or this week. Padded suits, the whole deal! I cant wait for that day. It's pretty much anything goes brawling. Against the instructors too.

[hopperja]

As you found, noted in the original post: From: http://www.wsp.wa.gov/newsfaqs/faqs.htm#travel

"Can children ride in the back of pickup trucks?
Yes, provided there are no seats available in the cab. If adults are occupying the passenger seats, they are required to ride in back so children can ride up front."

Remember, all laws must be written (this is one of the five premises of WA state law). If there's interpretation to be done of any traffic law (Title 46, specifically 61.687 (child restraints) and 61.688 (seat belts) in this case) then it is up to the State Patrol to do that interpretation.

[Imockdeath]

Or the courts... they like to get involved in every little thing...

[Die Kripo]

Oh, very funny Die Kripo. I heard you got the snot beat out of you at the academy the other day!!!!! LOL...was it fun?

We did boxing on Friday, that was a blast, I wish we could do it more. Things are really starting to get fun. From now on, at all CT classes, we are going to be fighting at the playground. It is nice to get out of the classroom.

[dsmack]

Perhaps this will help...

If I may...
RCW 46.61.688 (2) states, "This section only applies to motor vehicles that meet the manual seat belt safety standards as set forth in the federal motor vehicle standard 208 and to neighborhood electric vehicles. This section does not apply to a vehicle occupant for whom no safety belt is avalilable when all designated seating positions as required by federal motor vehicle safety standard 208 are occupied." <Sets the general requirement for compliance with FMVSS 208 safety belt use>

(3)... every person over sixteen years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner. <Expands the rule as it pertains to children over 16 yrs and older adults>

(4) No person shall may operate a motor vehicle unless all child passengers under the age of sixteen years are either: (a) Wearing a safety belt assembly or (b) are securely fastened into an approved child restraint device. <Specifically ups the ante for an operator of a vehicle carrying children under the age of 16>

So, to answer your initial question: Yes all seat belt equipped seats must first be filled; Children must occupy those seat belt equipped seats if they are in the vehicle; and under subpart (b) above, all children under the age of 16 must be belted or securely fastened in an approved child restraint device.

Hope this helps clear up the confusion. Frankly, it is a poorly worded statute, but only one of many!

Don

[missmycaprice]

That's the way our traffic guys have been trained to interpret that law:

All children under 16 must be belted into the appropriate safety equipment. Period. If you don't have enough belts for the kids, you need a second vehicle.

Adults can ride in the pickup bed only if all available seat belts are already in use.

Tell all those scoutmasters taking the kids to the river that they are breaking the law.