Specifications in the Revised Statutes

• The code (Subsection 6) explains that a person must be in a seated position in the cargo area of a vehicle that is either fully or partially enclosed on four sides. For a pickup truck, a fully enclosed cargo area is a truck bed with a topper, and a partially enclosed cargo bed is a pickup with a tailgate.
  
  

Seat Belt Law

• According to Captain Bruce Sheetz, Colorado State Patrol, passengers under the age of 16 are required to wear a seat belt at all times. The law as described in Section 42-4-236 mandates all children (age 16 and under) to employ a seat restraint device. Therefore, a person must be over the age of 16 to ride in the back of a moving vehicle without a seat belt. This applies to most pickup trucks and SUVs, except for models like the Subaru Brat, designed with seat belts in the seat bed.
  
  

Not Covered

• There is nothing in Section 42-4-201 that defines a speed limit or where in the cargo area the person must be seated. Bruce Sheetz also explains that, since it is not clear in the law whether a webbed tailgate is considered sufficient to partially enclose a cargo area, it is up to the officer to decide in each case.
  
  

Parades, Caravans and Exhibitions

• The law, as described in Section 42-4-201, Subsection 6, does not apply to parades, caravans or exhibitions that are authorized or otherwise permitted by law.
  
  

Animals

• There is nothing in the Section 42-4-201, Subsection 6, that applies to animals riding in the back of pickup trucks. They are considered by the State Patrol to be cargo, and laws regarding securing cargo apply.