Yes, riding in the back of a truck is legal in North Dakota under specific conditions, but local ordinances and federal safety standards impose critical limitations.
North Dakota’s Century Code §39-06.1-04 prohibits transporting passengers in open beds unless the vehicle is designed for such use or meets safety exemptions. The North Dakota Department of Transportation (NDDOT) enforces these rules, aligning with 2024 federal FMVSS 208 standards. Local jurisdictions, such as Bismarck and Fargo, may impose additional restrictions via municipal codes, including prohibitions during inclement weather or on high-speed roadways. Violations carry Class B misdemeanor penalties, with fines up to $1,500 under N.D.C.C. §12.1-32-01.
Key Regulations for Riding in the Back of a Truck in North Dakota
- Federal Motor Vehicle Safety Standards (FMVSS): Trucks must comply with FMVSS 208, requiring seat belts and crash protection for passengers. Open-bed transport is permitted only if the vehicle is equipped with factory-installed seating or approved aftermarket restraints.
- State Statutory Restrictions: N.D.C.C. §39-06.1-04 mandates that passengers in truck beds must be seated and secured if the vehicle exceeds 35 mph. Exemptions apply to agricultural operations, parades, or emergency vehicles.
- Local Ordinances: Municipalities like Grand Forks and Minot enforce additional prohibitions, such as banning open-bed riding on interstate highways or during nighttime hours. Violations are processed through local magistrate courts.
Enforcement remains inconsistent, with NDDOT prioritizing education campaigns over citations in rural areas. However, commercial operators transporting workers must adhere to OSHA 1926.651(e) standards, which impose stricter liability for violations.