Full Ocean City Council Supports Pickup Law Change

OCEAN CITY – A law to prohibit riding in the back of pickup trucks or in open areas of motor vehicles passed on first reading this week and will return for a final vote after the holidays.
“Lt. [Scott] Harner has worked very diligently and very hard in an effort to enhance our public safety and this is another step and component to that,” Ocean City Police Chief Ross Buzzuro said.
According to Harner, in 2012 the town experienced 1,650 motor vehicle crashes and out of those accidents several hundred resulted in injuries.
“On Oct. 1, the state enacted more stringent seatbelt laws requiring rear seat passengers to be restrained by a seatbelt, and it was concerning to me that for all of us we could jump in the back of a pickup truck and ride down Coastal Highway at 40 mph and be allowed to do so but if we were inside the vehicle where it is inherently safer to begin with the state required for you to be restrained by a seatbelt,” Harner said. “I thought this was an area due to the number of crashes we encounter in a years’ time frame, the number of injury crashes and the special events that we have and the number of people that ride in the back of trucks and open area of vehicles that this is an area of concern from a traffic safety perspective.”
According to the State Highway Administration (SHA), some jurisdictions, such as Anne Arundel County, have local ordinances that prohibit anyone from riding in the bed of an unenclosed pickup truck. Anne Arundel County’s law came into effect following an accident in 1979 where 10 teens riding in the back of a pickup truck were killed in Gambrills.
Under Section 90 of Anne Arundel County Code titled, Passengers in unenclosed areas of motor vehicles, states, “It shall be unlawful for a person to ride in or allow another person to ride in an unenclosed area of a motor vehicle except in a seat with a seat belt in use. The penalty upon violation is punishable by a fine of $50.”
OCPD brought forward Anne Arundel County’s law to use as an example and worked with City Solicitor Guy Ayres in making the law appropriate for Ocean City. The proposed ordinance has received the support of the State’s Attorney for Worcester County, Harner said.
The ordinance on the table is to amend a Chapter of the Town of Ocean City Code under the division titled “Seat Belts” by adding a section titled “Passengers in unenclosed areas of motor vehicles.”
A “motor vehicle” is defined as a Class A that passenger cars and station wagons, Class E that is a truck, and Class M that is a multipurpose passenger vehicle, as defined in the Transportation Article of the State Code. Motor vehicle includes any gloat or trailer towed, pulled or powered by a motor vehicle.
A “Seat Belt” is defined as a belt, strap, and harness or like device as defined in the Transportation Article of the State Code, which is permanently attached to the body of the motor vehicle.
The ordinance furthers, “a person may not ride or allow another person to ride in the unenclosed areas of a motor vehicle except in a seat and with a seat belt in use.”
Exemptions include passengers in municipal sanctioned or approved parades during the parade and in the parade route, federal, state, county and municipal emergency vehicles, and municipal vehicles during the course of municipal duties.
The penalty for violation is punishable as a municipal infraction by a fine of not more than $250.
“I am in favor of this 100 percent, and in my research I found that most states don’t address this at all and those that do it only applies to children under 16,” Councilman Brent Ashley said. “This is a great idea for public safety, which I am all for but I also like the idea that it is going to cut down on the rowdiness of people riding up and down the road with the flags and yelling out the back of pickup trucks, so I think it is two-fold, public safety is number one and quality of life number two.”
The council voted unanimously to approve the ordinance on first reading.
The law was first introduced to the Police Commission in October. At that time Harner explained the Maryland State Seat Belt Law states, “Seat belts required for driver and all passengers age 16 and older. Violation of the seat belt law in the backseat is a secondary offense. Other violations of the seat belt law are standard offenses. Riding in the cargo area of a pickup truck is not permitted form persons under age 16 if the vehicle is traveling more than 25 mph; proper child restraints are still required; some other exceptions apply.”
The Police Commission was in consensus to have City Solicitor Guy Ayres review the proposed ordinance to have a final draft return to the commission before moving the action item forward to the full Mayor and City Council for a final decision.
Last week the Police Commission received the revised ordinance from Ayres who made a few minor clerical changes. The commission was in consensus to pass the proposed ordinance forward to the full Mayor and City Council for approval.