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Author Topic: Sort of a legal question, what would you do?
Belle
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So yesterday I'm in line at the school to pick up my children and take Em to gymnastics practice. Two cars in front of me, is a woman in a small pickup truck. She pulls up, two young kids (both under 10) throw their backpacks into the front seat of the truck and then climb into the bed of the truck and she pulls off.

The assistant principal and several teachers were less than 10 feet away, no one said anything, no one stopped her.

Had I been directly behind her, I would have taken down her license plate and turned it over to the local police. But, I couldn't get her plate number.

My question is, should I be angry at the asst. principal and teachers? Do they have any grounds to refuse to let the kids ride in the back of a pickup, or are their hands tied? If it matters, we were still on school grounds when the kids jumped in the back. I'm just really angry at the assistant principal in particular. I think he should have said something. He should have grabbed the kids and told them they couldn't get in the back of the truck and told the mother she couldn't drive them home like that because it's unsafe and illegal. But he said nothing. Am I wrong in thinking he has some duty to act to protect those kids while they're on school grounds, or does the parent have a right to recklessly endanger their kids that supersedes what the school officials can do?

I'm wondering if I should send a letter to the school letting them know that I witnessed it and that I am extremely disappointed in the asst. principal. But I don't want to cause a ruckus if there's literally nothing he can do.

I throw it out to you, Hatrack - what would you do?

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Nighthawk
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I'm pretty sure it's state law whether they can ride in the back of a truck, and I'm reasonably sure most states don't allow it. I know for a fact it's against the law in Florida.

Now, although it might look like "reckless endangerment", it's only a traffic violation. I don't even think they dock you points for it.

Now, can a principal enforce traffic laws? I don't think that it's within their jurisdiction, and I don't think it's their place to do it anyway. A school zone has a myriad of people breaking the law at any given time. What this person did is not really any different than going 16+MPH in the school zone.

If anyone's responsible, it's the crossing guards, but I've seen crossing guards that look like they should be wheeling oxygen tanks behind them, so I don't expect them to go chasing down violators.

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maui babe
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In every state I've lived in the last 15 years, it is not illegal for people to ride in the backs of pick-up trucks (however, in Hawaii, it is illegal to have an untethered dog in the back [Dont Know] ). I would be angry as well, and frequently am, as I see people in the backs of pickups all the time, but it may very well be legal.

There was an incident a month or two ago on Oahu where a pick-up ran into a cement truck trying to avoid an on-coming car who was passing the cement truck illegally. There were 10 farm workers in the back of the pickup and several were thrown from the vehicle and I think 4 women died. It was very sad and will hopefully encourage our state legislature to pass a law prohibiting the practice, but I'm not holding my breath.

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rivka
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Belle, I'm not sure what state you're in, but here's a summary of relevant laws by state.

(I want to say you're in Alabama? If that's the case, it's unfortunately perfectly legal.)

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Dan_raven
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When I was a child, one of the neighbor kids, a bit of an athlete and good kid, fell out of the back of his pickup truck as it bounced down our bumpy road.

Result, severe brain damage. He could never get beyond 3rd grade.

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Storm Saxon
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In Florida, people ride in the back of pickup trucks all the time. I did as a kid.
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Belle
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Well, I'm glad I checked before I fired off a letter. No sense in berating the poor asst. principal for something he can't control and that isn't illegal. Man, I can't believe that! We have restraint laws, that require you to be buckled up, so how can you not have laws against riding in the beds of pickups?

quote:
In Florida, people ride in the back of pickup trucks all the time. I did as a kid.
Substitute Mississippi for Florida and you have the exact same sentence my husband said last night when I told him about it. Except, that afterwards, he said "But as a paramedic, I've also taken kids to the hospital that were in pickup beds and more than once been involved in retreiving the bodies of people who thought there was nothing wrong with riding in a pickup bed, so I kind of feel different about it now."
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Bob_Scopatz
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Nighthawk...that's a very recent change in FL's laws. When I lived there we had the same situation as what maui babe described for Hawaii -- children can ride in the back of a pickup truck, but dogs cannot.

(I'm happy to see that Hawaii also changed its law).

In many states with a large rural population, especially in the poorer states, it has been very tough to pass any restrictions about riding in cargo areas of vehicles because that may be THE family vehilce and there just aren't enough seats for everyone.

If you look at the list rivka posted, there're are quite a few states that still make exemptions when there aren't sufficient seats for all the passengers.

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Storm Saxon
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Well, I guess what I was trying to hint at was that if it's normative for the state, then maybe calling the police would have been an over-reaction since the woman wouldn't really have realized that what she was doing was wrong. I dont' think calling the police on her would change her mind and would just make her angry.

I think it might also reflect on whether or not you should be angry with the school officials, since to them, nothing was out of the ordinary.

I think the best thing to do might be to talk to the woman when you see her next and try and let her know how you feel, and why you feel that way.

I'm not saying that you were wrong for feeling the way that you did, do. I completely understand. I'm just addressing the issue more on the 'should you be angry at others for not doing anything' angle.

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Belle
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I was not planning on turning her tag number over for the purpose of her getting arrested or anything, I knew that wouldn't happen. (though in a small town, there is a high likelihood the cop knows the person anyway, they certainly all know me) I was told by a friend (and I need to follow up on this to make certain it's true) that there is a program in the state where if you turn in tag numbers for unrestrained children, they will send a notice to the owner of the vehicle in the mail, that reminds them how dangerous it is and encourages them to buckle up and directs them to places that do free car seat safety checks.

That's what I was hoping to accomplish if I'd gotten her tag number, and if I see her again, I will do it. I thought the school might have some jurisdiction and be able to accomplish something, but knowing they don't and probably can't - no need to beat the asst. principal over the head about it. More than likely he's frustrated and upset by it as well, just can't do anything.

Here's what I don't understand - according to that link rivka posted, there is no special law that covers riding in cargo areas of trucks in AL, but there is a child restraint law and a seat belt law. There are no seat belts in the beds of trucks. So, while there may be nothing on the books about cargo areas, they certainly could be cited for the kids not being belted in. Right?

We have no crossing guards - but one of our police officers directs traffic on the main road in front of the school. Unfortunately, this person turned down a side street and didn't go out to the main road, which is also not supposed to be done - that street is supposed to be one way between 2:15 and 3:30 and she turned down the wrong way (maybe to avoid the cop?)

If I have the opportunity to speak to her, I certainly will. Unfortunately I didn't recognize her and my daughter said she didn't know the two boys, they were younger than her.

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Storm Saxon
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quote:

I was not planning on turning her tag number over for the purpose of her getting arrested or anything, I knew that wouldn't happen. (though in a small town, there is a high likelihood the cop knows the person anyway, they certainly all know me) I was told by a friend (and I need to follow up on this to make certain it's true) that there is a program in the state where if you turn in tag numbers for unrestrained children, they will send a notice to the owner of the vehicle in the mail, that reminds them how dangerous it is and encourages them to buckle up and directs them to places that do free car seat safety checks.

Oh, that's cool, then. I misunderstood what you were going for.

I am curious, though, if the woman is actually able to fit both kids in a small pickup truck, and whether the truck is the only way she has to get her children home from school? Does the law make allowances for something like that?

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littlemissattitude
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It does make you wonder sometimes, seeing some of the things that people do.

Last night as I was pulling out of the parking lot at the grocery store, I saw a woman leaving her two kids - who looked pretty young from what I could see - in the car, after dark, with the engine running while she went into the store.

If I had been alone, I would have pursued it, but my mother, who has a fear of ever getting involved in anything, was with me so I let it go. I feel badly about that.

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CaySedai
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Talk to the principal and see if something can be put in the school newsletter. Even though riding in the bed of the pickup may not be illegal, it is dangerous. (Whether or not the tailgate was up may make a difference to police, too.)

Maybe talk to a cop to see if they would talk to the woman and explain the danger to her.

As far as school staff not saying anything, maybe they didn't see/weren't paying attention. A couple of years ago I pulled up to pick Amanda up after school, and looked over at her just in time to see another girl slap her in the face. The two girls were about 10 feet in front of two or three teachers, who saw nothing. Maybe they should be told to keep an eye out for that truck.

I once called the cops on someone with three kids in the back of a pickup - but there was no tailgate. I think that made a difference in that case. (I also think they never caught up with them because I couldn't tell the cops where they went after making a turn, so they just never found the pickup. But, I tried.)

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