As Texas temperatures climb, you may see people riding in the back of pickup trucks to catch a breeze. But is it actually legal to ride in the bed of a truck in Texas? State law has specific rules — and in some cases, it can lead to a fine.

For some people, yes. Who, or rather what age, are the passengers in your group is one question you need to ask yourself before proceeding.

Texas Transportation Code Section 545.414 says that it is an offense to operate “an open-bed pickup,” “an open flatbed truck,” or ” an open flatbed trailer” if a child younger than 18 is occupying that section. 

So what are the consequences of what some would dub harmless fun? This is a misdemeanor. Therefore, you’re looking at a fine between $25 and $200. 

The same law lists out defenses for residents if they must go to court; it is a defense to your prosecution if you were operating or towing the vehicle in a parade, for an emergency, or on the beach. It is also a defense if this vehicle is the only one owned or operated by your household members. 

Another defense is if you were doing this “to transport farmworkers from one field to another field on a farm-to-market road, ranch-to-market road, or county road outside a municipality.” Finally, if the travel was for a hayride, so long as the hayride has been “permitted by the governing body of or a law enforcement agency of each county or municipality in which the hayride will occur.”

Remember, you must have proof for a defense for it to be presented to a jury, as required by Texas Penal Code Section 2.03.

Yes. It is legal to operate the vehicle if those in the back are older than 18.

“For adults, there are no restrictions at all under this statute — hopping in the bed of a truck is perfectly lawful,” Dallas Personal Injury Lawyer Julie Wolf of Wolf Law PLLC, tells MySA. “It’s also worth noting that a person’s compliance or noncompliance with this law cannot be introduced as evidence in a civil lawsuit, meaning it wouldn’t factor into a personal injury case arising from a truck bed accident.”

Scott Law Firm, based out of Conroe, suggests it is not. The company claims that a minor crash involving a pickup truck with passengers in the bed can be fatal, even if the truck was traveling at a low speed. 

“Because an object in motion likes to stay in motion, adults and children riding in the beds of pickup trucks essentially become human missiles or ragdolls, which can be thrown, tossed, or launched in any direction that they’re headed in,” the business writes in a blog post.

Of course, it can be especially dangerous if the truck is hit on the side where the passengers are located. Scott Law Firm says it could lead these passengers to be “launched out of the bed” and near the front of the truck.