346.922 Transporting children in cargo areas of motor trucks.
(1) Notwithstanding s. 346.92, no person may operate upon a highway a motor truck having a gross weight of 10,000 pounds or less when any child under the age of 16 years is in an open cargo area of the motor truck.
(2) Subsection (1) does not apply to any of the following:
(a) A person operating a farm truck in conjunction with farm operations.
(b) A person operating a motor truck in a parade sanctioned by a local municipality.
(c) A person operating a motor truck for the purpose of transporting licensed deer hunters during the authorized deer hunting season with firearms.
History: 1995 a. 420.
This section is a safety statute intended to prevent any and all harms that could result from a child being transported in the open cargo area of a vehicle, including those resulting from a child's immature decision to jump from the cargo area of a moving vehicle. A destaging area of a parade falls under the exception under sub. (2) (b) for parades sanctioned by local municipalities. Nunez v. American Family Mutual Insurance, 2003 WI App 35, 260 Wis. 2d 377, 659 N.W.2d 171, 02-1041.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 346 - Rules of the road.
346.01 - Words and phrases defined.
346.02 - Applicability of chapter.
346.03 - Applicability of rules of the road to authorized emergency vehicles.
346.04 - Obedience to traffic officers, signs and signals; fleeing from officer.
346.05 - Vehicles to be driven on right side of roadway; exceptions.
346.07 - Overtaking and passing on the left.
346.072 - Passing stopped emergency or roadside service vehicles.
346.075 - Overtaking certain vehicles and devices.
346.08 - When overtaking and passing on the right permitted.
346.09 - Limitations on overtaking on left or driving on left side of roadway.
346.10 - When passing at a railroad crossing, intersection, bridge, viaduct or tunnel prohibited.
346.11 - Passing or meeting frightened animal.
346.12 - Driving through safety zones prohibited.
346.13 - Driving on roadways laned for traffic.
346.14 - Distance between vehicles.
346.15 - Driving on divided highway.
346.16 - Use of controlled-access highways, expressways and freeways.
346.17 - Penalty for violating sections 346.04 to 346.16.
346.175 - Vehicle owner's liability for fleeing a traffic officer.
346.18 - General rules of right-of-way.
346.19 - What to do on approach of emergency vehicle.
346.20 - Right-of-way of funeral processions and military convoys.
346.205 - Owner's liability for vehicle failing to yield the right-of-way to a funeral procession.
346.21 - Right-of-way of livestock.
346.215 - Emergency vehicles operated as escorts and rights-of-way related to escorted vehicles.
346.22 - Penalty for violating sections 346.18 to 346.21.
346.23 - Crossing controlled intersection or crosswalk.
346.24 - Crossing at uncontrolled intersection or crosswalk.
346.25 - Crossing at place other than crosswalk.
346.26 - Blind pedestrian on highway.
346.27 - Persons working on highway.
346.28 - Pedestrians to walk on left side of highway; drivers to yield on sidewalks.
346.29 - When standing or loitering in roadway or highway prohibited.
346.30 - Penalty for violating sections 346.23 to 346.29.
346.31 - Required position and method of turning at intersections.
346.32 - Required position for turning into private road or driveway.
346.34 - Turning movements and required signals on turning and stopping.
346.35 - Method of giving signals on turning and stopping.
346.36 - Penalty for violating sections 346.31 to 346.35.
346.37 - Traffic-control signal legend.
346.38 - Pedestrian control signals.
346.41 - Display of unauthorized signs and signals prohibited.
346.42 - Interference with signs and signals prohibited.
346.43 - Penalty for violating sections 346.37 to 346.42.
346.44 - All vehicles to stop at signal indicating approach of train.
346.445 - Limitations on pedestrians and personal delivery devices crossing railroad tracks.
346.45 - Certain vehicles to stop at railroad crossings.
346.452 - Owner's liability for vehicle illegally crossing at a railroad crossing.
346.455 - Vehicles to stop at fire station.
346.457 - Owner's liability for vehicle illegally passing fire truck.
346.46 - Vehicles to stop at stop signs and school crossings.
346.465 - Owner's liability for vehicle illegally crossing controlled school crossing.
346.47 - When vehicles using alley or nonhighway access to stop.
346.475 - Human service vehicles; loading or unloading children with disabilities.
346.48 - Vehicles to stop for school buses displaying flashing lights.
346.485 - Owner's liability for vehicle illegally passing school bus.
346.49 - Penalty for violating ss. 346.44 to 346.485.
346.495 - Railroad crossing improvement surcharge.
346.50 - Exceptions to stopping and parking restrictions.
346.51 - Stopping, standing or parking outside of business or residence districts.
346.52 - Stopping prohibited in certain specified places.
346.53 - Parking prohibited in certain specified places.
346.54 - How to park and stop on streets.
346.55 - Other restrictions on parking and stopping.
346.56 - Penalty for violating sections 346.503 to 346.55.
346.58 - Special speed restrictions for certain vehicles.
346.59 - Minimum speed regulation.
346.595 - Motorcycles and mopeds.
346.60 - Penalty for violating sections 346.57 to 346.595.
346.61 - Applicability of sections relating to reckless and drunken driving.
346.63 - Operating under influence of intoxicant or other drug.
346.635 - Report arrest or out-of-service order to department.
346.637 - Driver awareness program.
346.64 - Employment of drunken operators.
346.65 - Penalty for violating sections 346.62 to 346.64.
346.655 - Driver improvement surcharge.
346.657 - Safe ride program surcharge.
346.66 - Applicability of sections relating to accidents and accident reporting.
346.67 - Duty upon striking person or attended or occupied vehicle.
346.675 - Vehicle owner's liability for failing to stop at the scene of an accident.
346.68 - Duty upon striking unattended vehicle.
346.69 - Duty upon striking property on or adjacent to highway.
346.70 - Duty to report accident; assistance following accident.
346.71 - Coroners or medical examiners to report; require blood specimen.
346.72 - Garages to keep record of repairs of accident damage.
346.73 - Accident reports not to be used in trial.
346.74 - Penalty for violating sections 346.67 to 346.73.
346.77 - Responsibility of parent or guardian for violation of bicycle and play vehicle regulations.
346.78 - Play vehicles not to be used on roadway.
346.79 - Special rules applicable to bicycles.
346.804 - Riding bicycle on sidewalk.
346.805 - Riding electric scooter or electric personal assistive mobility device on sidewalk.
346.806 - Special rules applicable to electric bicycles.
346.807 - Operating personal delivery device on sidewalk.
346.82 - Penalty for violating sections 346.77 to 346.807.
346.87 - Limitations on backing.
346.88 - Obstruction of operator's view or driving mechanism.
346.90 - Following emergency vehicle.
346.915 - Following snowplows.
346.922 - Transporting children in cargo areas of motor trucks.
346.923 - Human service vehicles; minimum operator qualifications.
346.924 - Transporting buildings on highways.
346.925 - Operation of agricultural machinery by youthful operators.
346.93 - Intoxicants in vehicle; underage persons.
346.935 - Intoxicants in motor vehicles.
346.94 - Miscellaneous prohibited or restricted acts.
346.945 - Vehicle owner's liability for radios or other electric sound amplification devices.