Legality of riding in the back of a Pickup or trailer?

[anonymous-user]

As per the title really, is it an offence of any kind to be a passenger in the bed of a pickup or in a trailer pulled by a pickup/4x4?

At the moment I'm often a passenger (along with quite a few others) in the bed of a pickup truck, or a trailer, both of which have been fitted with home made wooden beach seating.

My initial thought is that I'm not committing any offences, but the driver of the truck probably is?

[caelite]

I think you yourself are responsible for making sure you are properly secured in the vehicle via a seatbelt, however I believe this is only in cases where they are fitted.

Driver is liable for any minors improperly secured, and a constructions & use violation due to what is I can only imagine is blatantly not to spec seating and likely a greater capacity than is specified within the V5. Traveling with passengers in a trailer is also an offence under the RTA, but I couldn't cite exactly where right now, however I do know passenger trailers are allowed for off-road work.

My advice, get a bed cap with heavy tints. And I'd say the driver is wholely to blame if you do get a tug.

Edited by caelite on Tuesday 9th January 00:24

[paintman]

Road Traffic Act 1988
Regulation 40A Using vehicle in dangerous condition etc
"A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when -

the condition of the motor vehicle or trailer, or of its accessories or equipment, or
the purpose for which it is used, or
the number of passengers carried by it, or the manner in which they are carried, or
the weight, position or distribution of its load, or the manner in which it is secured,
Road Traffic Act 1998

is such that the use of the motor vehicle or trailer involves a danger of injury to any person."

This link:
http://www.ukpoliceonline.co.uk/index.php?/topic/3...
"It is an objective test to show the potential for injury. In Gray v DPP a boy was riding in the back of a jeep with no restraints holding onto the roll bars. The court decided even though he had done that many times without injury and his father was a responsible driver the objective test meant the s40A offence was complete.
This is because you have to take into consideration what would happen if the father had to brake suddenly or swerve to avoid a collision."

More here on the carriage of people in trailers:
http://www.hse.gov.uk/pubns/ais36.pdf
https://basc.org.uk/cop/transport-of-beaters/

Edited by paintman on Tuesday 9th January 01:00

[anonymous-user]

Well that is interesting.

Thanks for the links, especially the ones to BASC which references people being transported in trailers on the public highway.

I genuinely thought it would have been a flat-out offence to carry people in a trailer in the road, but apparently not!

[S11Steve]

I'm trying to find the relevant legislation, but I recall that something changed in the late 90s. We used to rent out Transit Crew buses - a van with side windows, three rows of bench seats running front to back and no seatbelts, that could be jetwashed out, and popular with civil engineering teams.

We had to withdraw them in 98 or 99 though and swap the users into proper buses with seat belts. I say proper buses, they were LDV Convoys with vinyl seats and what seemed like a lawnmower engine. I had to take one from London to Inverness to swap a team of guys out of one of the bench seat buses - the single most horrific journey I've ever made...

[hutchst]

If the LDV Convoy is the old Leyland Sherpa then I have to agree. Back in the late seventies, the only vehicle that I've ever driven where I genuinely feared for my life and refused to drive ever again, and that was a nearly new rental van.

[anonymous-user]

I've had a read through the links.

If I'm reading it correctly, It would appear that carrying passengers in a trailer on the public highway isn't an offence as long as the trailer has various features to ensure safety such as self braking, fixed in seating, a tailgate and a few other items, which all the trailers we use do have.

But riding in the back of a pickup would appear to be a definite no.

It's a shoot by the way, and we usually have a couple of trailers on the road towed by land rovers with about 6-8 people sitting in each trailer.

[anonymous-user]

Just to add, there is a serving police officer who rides in the trailers most weeks along with a recently retired Inspector, so you would have thought they would point out any possible offences, but then again maybe not!

[john2443]

S11Steve said:

We used to rent out Transit Crew buses - a van with side windows, three rows of bench seats running front to back and no seatbelts, that could be jetwashed out, and popular with civil engineering teams.

When I was a student in the 70s we had Mk1 Transit LWB crewbuses - 17 seaters, 3 in the front 2x7 on benches. the same van in minibus formation was 15 seats. Some had padded seats, other slatted wood, a bit like a park bench. And obviously, no seat belts in the back.

So from when I was 19, I was driving a 17 seater with a big canoe trailer! Check the number of things out of that which aren't allowed today!

[S11Steve]

john2443 said:

S11Steve said:

We used to rent out Transit Crew buses - a van with side windows, three rows of bench seats running front to back and no seatbelts, that could be jetwashed out, and popular with civil engineering teams.

When I was a student in the 70s we had Mk1 Transit LWB crewbuses - 17 seaters, 3 in the front 2x7 on benches. the same van in minibus formation was 15 seats. Some had padded seats, other slatted wood, a bit like a park bench. And obviously, no seat belts in the back.

So from when I was 19, I was driving a 17 seater with a big canoe trailer! Check the number of things out of that which aren't allowed today!

I recall a scout leader hiring one to take 24 kids on a weekend away.... It was cheaper than hiring two minibuses, and because they were kids, they could all shove up against each other.

I don't think anyone was killed to death on that trip, but I can imagine it wouldn't take much of a shunt to result in a decent collection of broken arms and legs.