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State v. McDuff10/11/2001
al for injury in the open bed of a pickup truck regardless of whether a seat belt is worn.
Accordingly, we find that the trial court's conclusion that Georgia law permits a minor to ride unrestrained in the open bed of a pickup truck as long as the truck is not being operated on an interstate highway is error as a matter of law.
2. Here, the officer testified that he had a clear and unobstructed view of the children in the back of McDuff's pickup truck and that he did not see any restraining device being employed. Obviously, the officer could not see down into the bed of the truck in order to ascertain whether lap belts were being used, since the design of a pickup truck precludes such observation from the road. OCGA § 40-8-76.1 would be unenforceable if an officer was required to see down into the bed of a pickup truck before effectuating a stop to ensure that otherwise visibly unrestrained children in the back of a pickup are in fact in compliance with the law. Instead, the officer testified and the trial court apparently concurred that it is common knowledge the bed of a pickup truck is not generally equipped with lap belts. We find that the inability to see the employment of any restraining device, coupled with the common knowledge that seat belts are not standard equipment in the back of pickup trucks, provided a sufficient basis for a traffic stop to ensure compliance with OCGA § 40-8-76.1 (d) (3). In this case, the trial court specifically found that the officer was credible and had a good faith basis for the stop. The court found only that the officer's basis for the stop was not a violation of the law. As discussed in Division One, supra, this finding was error as a matter of law.
Judgment reversed.
Andrews, P. J., and Miller, J., concur.
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