Delaware Seatbelt Law & Pickup Trucks?

[Jim1976]

What is the name of your state (only U.S. law)? Delaware

While vacationing at the Delaware shore I rented a truck to drive my family out onto beach. I bought the $130 permit and then got a ticket for driving with my adult children in the bed of the truck.

My read of the code I supposedly violated, 4186 (C) " (c) Every person riding in a passenger car shall occupy a seating position designed and intended for that person's use." seems to not apply to pickup trucks. Delaware code does not define passenger car but federal code does, "Passenger car means a motor vehicle with motive power, except a low-speed vehicle, multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying 10 persons or less."

It Also defines multipurpose vehicle and it seems to describe a vehicle that a reasonable person might consider to be a pickup truck. " Multipurpose passenger vehicle means a motor vehicle with motive power, except a low-speed vehicle or trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation."

Question, is this enough to get me cleared in court and/or could I tell this to the DA and possibly have the whole thing thrown out before trial?

Thanks for any advice.

 

[Antigone*]

What is the name of your state (only U.S. law)? Delaware

While vacationing at the Delaware shore I rented a truck to drive my family out onto beach. I bought the $130 permit and then got a ticket for driving with my adult children in the bed of the truck.

My read of the code I supposedly violated, 4186 (C) " (c) Every person riding in a passenger car shall occupy a seating position designed and intended for that person's use." seems to not apply to pickup trucks. Delaware code does not define passenger car but federal code does, "Passenger car means a motor vehicle with motive power, except a low-speed vehicle, multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying 10 persons or less."

It Also defines multipurpose vehicle and it seems to describe a vehicle that a reasonable person might consider to be a pickup truck. " Multipurpose passenger vehicle means a motor vehicle with motive power, except a low-speed vehicle or trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation."

Question, is this enough to get me cleared in court and/or could I tell this to the DA and possibly have the whole thing thrown out before trial?

Thanks for any advice.

Why didn't you rent a car? It is ridiculous these days to drive people in the bed of a pick up truck.

 

[justalayman]

How federal law defines the vehicle is irrelevant in regards to state law.

I suspect you are going to lose. Their argument for a "passenger car" is likely going to be in contrast to a commercial vehicle. If so, all passengers must utilize a seating position designed and intended for that passengers use. Since there are no seats and seatbelts in the bed of the truck, there can be no passengers in the bed of the truck. It's pretty simple.

 

[Free_Advice]

How does 4186 C make the motor vehicle operator the person who gets the ticket? Any followup statue?

 

[Zigner]

How does 4186 C make the motor vehicle operator the person who gets the ticket? Any followup statue?

The paragraph is labeled: Obstruction to driver's view of driving mechanism.

 

[divona2000]

Hmmm. From the Cargo area laws site, April 2011

The hazards of riding in cargo areas have been addressed in 30 states and the District of Columbia by a variety of laws...The following table and map show which states have laws regarding riding in cargo areas and the major gaps or exemptions in those laws.

Delaware
Restrictions on riding in cargo areas - no state law
Who is not covered - no state law

and

http://codes.lp.findlaw.com/decode/21/41/XI/4186

Search DEL CODE § 4186 : Delaware Code - Section 4186: OBSTRUCTION TO DRIVER'S VIEW OF DRIVING MECHANISM

(a) No person shall drive a vehicle when it is so loaded or when there are in the front seat such a number of persons, exceeding 3, as to obstruct the view of the driver to the front or sides of the vehicles or as to interfere with the driver's control over the driving mechanism of the vehicle.

(b) No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides or to interfere with the driver's control over the driving mechanism of the vehicle.

(c) Every person riding in a passenger car shall occupy a seating position designed and intended for that person's use.

 

[Jim1976]

Here you need a 4 wheel drive vehicle to drive on beach. A car would get stuck in sand. Thats what i was driving, Also, I don't know of any followup statutes.

 

[HighwayMan]

What follow up statutes??

In most states there is strict liability, i.e. the driver is always responsible. Something like this may be buried somewhere and you wouldn't find it except by reading the Delaware motor vehicle statutes in their entirety.

 

[Jim1976]

How federal law defines the vehicle is irrelevant in regards to state law.

I suspect you are going to lose. Their argument for a "passenger car" is likely going to be in contrast to a commercial vehicle. If so, all passengers must utilize a seating position designed and intended for that passengers use. Since there are no seats and seatbelts in the bed of the truck, there can be no passengers in the bed of the truck. It's pretty simple.

For whoever might be interested, I got off by agreeing to take an online defensive driver course at AAA. The bottom line is the code does not cover this kind of thing in a pickup truck bed in Delaware. Never went to court.

 

[HighwayMan]

For whoever might be interested, I got off by agreeing to take an online defensive driver course at AAA.

That is not "getting off" - it's called plea bargaining.

The bottom line is the code does not cover this kind of thing in a pickup truck bed in Delaware.

According to what you posted it absolutely does. Every passenger must have a seat. That means no riding in the cargo bed of a pickup or in the cargo area of a van.

Get an SUV next time you have a bunch of people you want to take driving on the beach.

 

[You Are Guilty]

For whoever might be interested, I got off by agreeing to take an online defensive driver course at AAA. The bottom line is the code does not cover this kind of thing in a pickup truck bed in Delaware. Never went to court.

Congrats, but your logic is faulty. "If A then B" is not the equivalent of "Not A then Not B". Mind your P's and Q's!

http://www.regentsprep.org/Regents/math/geometry/GP2/Lcontrap.htm

 

[OHRoadwarrior]

That is not "getting off" - it's called plea bargaining.




According to what you posted it absolutely does. Every passenger must have a seat. That means no riding in the cargo bed of a pickup or in the cargo area of a van.

Get an SUV next time you have a bunch of people you want to take driving on the beach.

I took an extended cab, with seating for 5 or 6 at the OBX. Jeeps are also an option. Beach operation rules require compliance with road laws also.