RESEARCH STAFF

TO: MEMBERS OF THE SENATE

TRANSPORTATION COMMITTEE

DATE: February 27, 2001

SUBJECT: Strike Everything Amendment on S.B. 1203

Purpose

Allows law enforcement to issue a written warning to a person transporting passengers in the rear cargo space of a truck.

Background

According to National Highway Traffic Safety Administration, approximately 200 deaths occur every year due to people riding in the rear cargo area of pickup trucks. In 1999, ten passengers were killed in Arizona in cases where passengers were being transported in the backs of trucks. Nationwide, the leading cause of death in accidents where passengers are discharged from the rear of a pickup truck is Traumatic Brain Injury.

Statute currently does not address the transportation of passengers riding in the bed of a pickup truck. According to the National Conference of State Legislatures, 25 other states have adopted similar legislation that on some level prohibits the carrying of passengers in the rear cargo space of pickup trucks. This legislation would give law enforcement officers the authority to give a written warning to inform the driver of the vehicle on the dangers of transporting passengers in this manner.

There is no known fiscal impact to the state general fund associated with this bill.

Provisions

1. Allows law enforcement to give a written warning to a person who is transporting passengers in or on the bed of a pickup truck except if the person in the rear of a truck is being transported:

§ In an emergency response situation where the transportation is at or by the direction of a public agency.

§ In an enclosed camper or camper shell which prevents the passenger from ejection.

§ In an organized parade that is supervised by law enforcement and the speed of the pickup does not exceed eight miles per hour.

§ In a pickup truck that is on private property.

2. Specifies that these provisions are inapplicable if they supersede the requirements set forth by any other state or federal law pertaining to the transportation of employees in a truck.

3. Contains definitions.

4. Provides for a general effective date.

GA/ac