Sitting in the trunk of a car is illegal in the vast majority of U.S. states, and in many cases it is a moving violation that puts both the passenger and the driver at legal risk.
Most people assume the rule only applies to young children. It doesn’t. Many states prohibit any passenger from riding in an enclosed trunk area, regardless of age.
This article covers every vehicle type and every relevant scenario: car trunks, truck beds, SUV cargo areas, and the specific laws in states where riding in a trunk is explicitly banned. It also covers fines, child endangerment charges, and driver liability when something goes wrong.
One fact that surprises most readers: in some states, allowing someone to ride in your trunk can result in criminal reckless endangerment charges, not just a traffic ticket.
Is It Illegal to Sit in the Trunk
Sitting in the trunk of a car is illegal in most U.S. states, either through explicit statutes banning unrestrained or improperly seated passengers or through general passenger safety laws that require all occupants to be in designated seating positions.
The legal basis varies by state. Some states have statutes that directly prohibit riding in the trunk or enclosed cargo area of a vehicle. Others apply their general seat belt and passenger restraint laws to cover the same situation. Either way, the practical result is the same: a passenger in a car trunk while the vehicle is moving is violating the law in most jurisdictions.
The exceptions are extremely narrow. Some states historically permitted trunk riding on private property or at speeds below a certain threshold. Those exceptions are largely gone as of 2026, with most states having tightened their occupant laws over the past decade.
Quick Facts:
- Most U.S. states prohibit passengers from riding in enclosed car trunks
- Violations can be charged against both the driver and the passenger
- No federal law explicitly bans trunk riding, but NHTSA strongly discourages it
- Exceptions for private property or low speeds exist in very few states and are increasingly rare
Is It Illegal to Ride in the Trunk of a Car
Riding in the trunk of a car is illegal in the majority of U.S. states and is considered one of the most dangerous positions a passenger can occupy in a moving vehicle.
Car trunks have no seat belts, no airbags, and no crash protection. In a rear collision, a trunk passenger absorbs the full force of impact with no safety systems whatsoever. NHTSA data consistently shows that unrestrained rear-compartment passengers face dramatically higher fatality rates in crashes than belted front and rear seat occupants.
From a legal standpoint, states address trunk riding through their occupant protection laws, vehicle codes, and in some cases, specific statutes targeting enclosed cargo riding. California Vehicle Code 21712 prohibits riding in any vehicle in a position that is not intended for that purpose, which explicitly covers trunk riding. New York Vehicle and Traffic Law 1220 addresses proper seating for all vehicle occupants.
Bold callout: NHTSA data shows that unbelted rear-compartment passengers are significantly more likely to be ejected and killed in crashes than properly restrained front seat occupants, making trunk riding one of the most statistically dangerous positions in a vehicle.
Is It Illegal to Sit in the Trunk of a Truck
Sitting in the trunk of a pickup truck, meaning the enclosed cab area behind the rear seats in extended or crew cab models, falls under the same general passenger safety laws as car trunks in most states.
Pickup trucks with extended cabs sometimes have small rear seating areas without full-size seats. Passengers in those areas without proper restraints violate seat belt and occupant safety laws in most states. A passenger crammed into a small storage area behind the rear seats, even in an enclosed cab, is not in a designated seating position.
The confusion often arises because people use “trunk” loosely to refer to the truck bed, which is an open cargo area and has entirely separate laws. An enclosed cab storage area is treated more like a car trunk under occupant laws. An open truck bed is governed by different statutes in each state.
Quick Facts:
- Enclosed cab storage areas in pickup trucks are treated like car trunks under occupant safety laws
- Rear seating without proper restraints violates seatbelt laws in virtually all states
- Open truck beds have separate, more complex state-by-state legal treatment
- Passengers in improper positions can receive citations independently from the driver in some states
Key Takeaway: Sitting in a car trunk or enclosed vehicle cargo area is illegal in most U.S. states, and both the driver and the passenger can face citations, with criminal exposure possible when minors are involved.
Is It Illegal to Ride in the Trunk of an SUV
Riding in the cargo area of an SUV, which is sometimes called the “trunk” or “wayback,” occupies a legal gray zone in some states but is prohibited in most when the vehicle is in motion.
The cargo area of an SUV is not a designated seating position. It lacks seat belts, headrests, and crash protection designed for occupants. State passenger safety laws that require all vehicle occupants to be properly restrained in designated seating positions apply to SUV cargo areas the same way they apply to car trunks.
Some SUVs have factory-installed third-row seats in the cargo area. Those are designated seating positions with seat belts, and riding there is legal. The distinction is between a seat with restraints and an open cargo floor with no restraints. The floor of an SUV cargo area is not a seat, and placing a passenger there is treated as a passenger safety violation in states with strong occupant protection laws.
| Vehicle Area | Designated Seating? | Legal for Passengers? |
|---|---|---|
| SUV third-row factory seat | Yes | Yes, with seat belt |
| SUV cargo floor (no seat) | No | No, in most states |
| Car trunk | No | No, in most states |
| Truck enclosed cab storage | No | No, in most states |
| Open truck bed | Varies | Varies significantly by state |
Is It Illegal to Transport Someone in a Trunk
Transporting someone in a trunk against their will is not a traffic violation. It is kidnapping under federal and state law and carries severe criminal penalties.
This distinction matters legally because the question of whether “transporting someone in a trunk” is illegal covers two entirely different situations. A person voluntarily riding in a trunk faces a traffic violation scenario. A person transported in a trunk involuntarily faces a kidnapping and false imprisonment scenario under state and federal criminal codes.
Federal kidnapping law under 18 U.S.C. 1201 applies when a victim is transported across state lines. State kidnapping statutes apply within state borders. Either way, transporting a person in a trunk against their will is a felony in every U.S. state.
Even in the voluntary scenario, the driver faces legal exposure. Allowing a passenger to ride in a trunk is a traffic violation in most states and can escalate to reckless endangerment if the circumstances involve higher speeds or greater risk.
Bold callout: Transporting any person in a vehicle trunk against their will constitutes kidnapping under state law in all 50 states and may trigger federal kidnapping charges under 18 U.S.C. 1201 if state lines are crossed.
Is It Illegal to Ride in the Back of a Truck
Riding in the back of an open pickup truck is legal in some U.S. states but illegal in others, and the rules vary significantly depending on the passenger’s age, the speed limit, and the road type.
Unlike car trunks, open truck beds have a patchwork of state-by-state laws with no single uniform standard. Some states explicitly ban all passengers from riding in open truck beds. Others allow it for adults but restrict or prohibit it for children. A smaller number of states have no explicit truck bed passenger prohibition at all.
The NHTSA has tracked truck bed fatalities for decades. Between 1990 and recent years, hundreds of deaths occurred annually in open truck bed accidents. Despite that data, no federal law has been passed requiring states to ban the practice uniformly.
Quick Facts:
- No federal law bans passengers from riding in open truck beds
- States with explicit bans include California, New York, Illinois, and others
- Many states allow adults but ban children under a specific age
- Speed limits and road type affect legality in some states
Is It Illegal to Sit in the Back of a Pickup Truck
Sitting in the bed of a pickup truck while it is moving is illegal in more than half of U.S. states, with varying age restrictions and road-type exceptions in others.
The legal treatment of pickup truck bed passengers is one of the most inconsistent areas of state vehicle law. States that ban it entirely apply the prohibition regardless of age, road type, or speed. States with partial bans typically protect children while allowing adults to ride in truck beds under certain conditions.
In states without explicit truck bed bans, general passenger safety principles still apply. Officers can issue citations for improperly restrained passengers even in states where truck bed riding is not specifically banned, if the passenger falls out or is injured and the officer determines the conditions were reckless.
| State | Truck Bed Passenger Rule | Age Restriction |
|---|---|---|
| California | Prohibited on public roads | All ages |
| New York | Prohibited | All ages |
| Illinois | Prohibited | All ages |
| Texas | Restricted | Under 18 prohibited |
| Florida | Permitted with conditions | Under 18 restricted |
| Montana | Generally permitted | Minimal restriction |
| Wyoming | Generally permitted | Minimal restriction |
What States Is It Illegal to Ride in a Truck Bed
More than 20 U.S. states have laws that explicitly prohibit passengers from riding in open truck beds on public roads, with varying degrees of restriction in many of the remaining states.
The states with the strictest truck bed passenger laws, prohibiting it for all ages on public roads, include California, New York, Illinois, New Jersey, Massachusetts, and several others. These states treat open truck bed riding with the same seriousness as other unrestrained passenger violations.
States in the South and Mountain West tend to be more permissive, often prohibiting only children from riding in truck beds while allowing adults. A handful of states, including Montana, Wyoming, and parts of the rural Midwest, have minimal restrictions on truck bed passengers.
State truck bed passenger law categories:
Full prohibition (all ages): California, New York, New Jersey, Illinois, Massachusetts, Maryland, Maine, Minnesota, Nevada, New Hampshire, Oregon, Rhode Island, Vermont, Washington, Wisconsin
Partial prohibition (children only or age-restricted): Texas (under 18), Florida (under 18 in some conditions), Georgia (under 18), Arizona (under 18), Virginia (under 16)
Minimal or no explicit restriction: Montana, Wyoming, South Dakota, some rural Midwest states
Key Takeaway: Whether riding in a truck bed is legal depends entirely on your state. More than 20 states ban it for all passengers, while others restrict only minors, and a few have minimal restrictions.
Is It Illegal to Ride in a Truck Bed in Texas
In Texas, it is illegal for anyone under 18 years old to ride in the open bed of a pickup truck on a public road, but adults are generally permitted to do so.
Texas Transportation Code Section 545.414 governs this restriction. The statute specifically prohibits a person from transporting a child under 18 in the open bed of a pickup truck on a public road. Adult passengers in the truck bed are not subject to this prohibition under the same statute.
The practical application is that Texas takes a hybrid approach. Adults who choose to ride in a truck bed accept the risk themselves under state law. Children are protected by statute, and a driver who transports a minor in a truck bed faces a traffic citation under Section 545.414.
Bold callout: Texas Transportation Code Section 545.414 prohibits transporting anyone under 18 in an open truck bed on public roads. Violation is a Class C misdemeanor with a fine up to $200 per offense.
There are narrow exceptions for agricultural operations and other specific purposes defined in the statute, but these apply to work-related transport, not recreational riding.
Is It Illegal to Ride in a Truck Bed in California
In California, it is illegal for any passenger to ride in the back of a pickup truck on a public road, regardless of age, with very limited exceptions.
California Vehicle Code Section 23116 prohibits any person from riding in the bed of a pickup truck being operated on a highway unless the person is secured by a safety restraint system that meets federal motor vehicle safety standards. Since standard truck beds do not have compliant safety restraint systems, the practical effect is a complete prohibition for casual riding.
The exceptions in CVC 23116 are narrow and specific. They include emergency situations, vehicles operated in parades, and specific agricultural or industrial operations. None of these exceptions apply to casual passengers riding in a truck bed for transportation purposes.
Violations of CVC 23116 carry fines. First violations are typically $25 before court fees and surcharges. With California’s standard court surcharges, the total cost can reach $200 or more for a single violation.
Quick Facts:
- CVC 23116 bans truck bed passengers on California public highways
- Exceptions include parades, emergencies, and specific agricultural operations
- Base fine is $25, but California court surcharges push total cost significantly higher
- The prohibition applies to passengers of all ages
Can a Child Ride in the Trunk of a Car
No, a child cannot legally ride in the trunk of a car in any U.S. state, and doing so triggers child endangerment laws that carry consequences far more serious than a standard traffic citation.
Every state has child passenger safety laws that require children to be properly restrained in age-appropriate safety systems while riding in a motor vehicle. A car trunk has no seat belts, no child safety seat mounting points, and no crash protection. Placing a child in a car trunk violates child passenger safety laws in all 50 states.
Beyond the traffic violation, putting a child in a trunk activates child endangerment statutes in most states. These are criminal laws, not traffic regulations. They carry misdemeanor or felony charges depending on the circumstances, the child’s age, and whether injury occurred.
Quick Facts:
- Child passenger safety laws require proper restraints in all 50 states
- Car trunks have no compliant restraint systems for any age
- Child endangerment charges can be filed alongside traffic violations
- Age thresholds for child safety seat requirements vary by state but typically cover children under 8 to 12 years old
Is It Illegal for a Child to Ride in a Trunk
It is illegal in every U.S. state for a child to ride in a car trunk, and the legal consequences for the driver are substantially more serious than for an adult passenger in the same position.
Child passenger safety laws in all 50 states mandate that children be properly restrained based on their age, height, and weight. These requirements go beyond seat belts for older children and extend to rear-facing seats, forward-facing seats, and booster seats for younger ones. A car trunk satisfies none of these requirements for any child of any age.
Florida Statute 316.613, Texas Transportation Code 545.412, and California Vehicle Code 27360 are examples of state child passenger safety statutes that establish these requirements. All of them would be violated by placing any child in a trunk. The violation is per child, meaning a driver who places two children in a trunk faces multiple citations.
Bold callout: Child passenger safety violations are charged per child in most states. Placing two children in a trunk can result in multiple separate citations and multiple separate criminal child endangerment charges.
Can You Get a Child Endangerment Charge for Trunk Riding
Yes, placing a child in a car trunk or allowing a child to ride in a trunk can result in a criminal child endangerment charge, which is a misdemeanor or felony depending on the state and outcome.
Child endangerment statutes are separate from traffic laws. They are criminal statutes that prohibit placing a child in a situation that poses risk of physical harm. Riding in a car trunk while a vehicle is in motion clearly meets that standard in every state.
In California, child endangerment under Penal Code 273a is a wobbler offense, meaning it can be charged as a misdemeanor or felony. Misdemeanor conviction carries up to one year in county jail. Felony conviction carries up to six years in state prison. The distinction depends on whether the child was placed in circumstances likely to produce great bodily harm or death.
| State | Child Endangerment Statute | Penalty Range |
|---|---|---|
| California | Penal Code 273a | Misdemeanor (1 year) to Felony (6 years) |
| Texas | Penal Code 22.041 | Class A Misdemeanor to 3rd Degree Felony |
| Florida | Statute 827.03 | 1st Degree Misdemeanor to 3rd Degree Felony |
| New York | Penal Law 260.10 | Class A Misdemeanor |
| Illinois | 720 ILCS 5/12C-5 | Class A Misdemeanor to Class 3 Felony |
Key Takeaway: Placing a child in a car trunk is not just a traffic ticket. It is a criminal child endangerment offense in all 50 states, with potential felony charges if the circumstances are serious enough.
What Is the Fine for Riding in a Trunk
The fine for riding in a car trunk ranges from $25 to $250 for a basic traffic violation, but total costs including court fees and surcharges can reach $500 or more in high-fee states.
Base fines vary widely by state. California’s base fine under CVC 21712 for improper riding in a vehicle starts at $25, but California’s court surcharges multiply that base fine by approximately seven times in practice, pushing the real cost to $180 or more. Texas fines for related violations typically fall in the $25 to $200 range. New York fines range from $50 to $150 before surcharges.
These figures apply to civil traffic violations. When child endangerment charges are added, the financial consequences are entirely different. Criminal fines under child endangerment statutes can reach $10,000 or more in some states, separate from any jail time.
Quick Facts:
- Base fines for improper passenger positioning: $25 to $250 depending on state
- Court fees and surcharges typically add 50 to 700 percent to base fines
- Criminal child endangerment fines can exceed $10,000 separate from traffic fines
- Some states assess fines per passenger, multiplying the total for multiple violations
Penalties for Riding in a Car Trunk
Penalties for riding in a car trunk include traffic fines for both the driver and passenger in some states, potential criminal charges when children are involved, and civil liability for the driver when a passenger is injured.
The traffic violation side is the most common outcome. Both the driver who allows trunk riding and the passenger who voluntarily rides in a trunk can receive citations in states that specifically address this situation. In states where only the driver faces citation, the fine is assessed as a vehicle operation violation.
Criminal penalties escalate significantly when the rider is a minor or when the circumstances involve reckless disregard for safety. Reckless endangerment charges are possible when a driver knowingly places any passenger in a situation where serious injury is likely.
| Violation Type | Who Is Cited | Penalty Range |
|---|---|---|
| Traffic violation (adult passenger) | Driver, sometimes passenger | $25 to $250 base fine |
| Child passenger safety violation | Driver | $25 to $500 plus surcharges |
| Child endangerment (criminal) | Driver | Misdemeanor to felony |
| Reckless endangerment | Driver | Misdemeanor to felony |
| Wrongful death (civil) | Driver or estate | Uncapped civil damages |
Driver Liability When Passenger Rides in Trunk
A driver who allows a passenger to ride in the trunk is legally liable for that passenger’s injuries if an accident occurs, and that liability can extend to civil wrongful death claims if the passenger is killed.
The legal theory is negligence per se. When a driver violates a statute, such as a passenger safety law, and that violation causes injury, the driver is automatically considered negligent in most states without requiring the injured party to prove additional fault. A passenger injured while riding in a trunk, even a passenger who voluntarily chose to ride there, may have a civil negligence claim against the driver.
Contributory negligence by the passenger can reduce but typically does not eliminate the driver’s liability. In pure comparative fault states, a court assigns percentages of fault to each party. A passenger who insisted on riding in the trunk might be found 50 percent at fault, for example, while the driver bears the remaining 50 percent. That still leaves the driver financially responsible for half of potentially enormous damages.
Insurance complications add to the driver’s exposure. Standard auto insurance policies cover passenger injuries in designated seating positions. Passengers in non-designated areas, like trunks, may be excluded from coverage under certain policy language, leaving the driver personally responsible for damages.
Bold callout: In negligence per se states, violating a passenger safety statute that causes injury creates automatic legal liability for the driver. The injured passenger does not need to prove the driver was careless beyond the statutory violation itself.
Trunk Riding Laws by State 2026
Trunk riding laws across the United States in 2026 range from complete statutory bans with criminal penalties to general occupant safety laws that effectively prohibit the practice without addressing it specifically.
No state explicitly permits passengers to ride in an enclosed car trunk on public roads. The variation lies in how specifically states address the prohibition, whether through direct statute, general occupant safety laws, or child passenger protection laws.
States with specific statutory prohibitions include California (CVC 21712), New York (VTL 1220), Illinois, Florida, and Texas, among others. States without a specific trunk statute still effectively prohibit it through general laws requiring all occupants to be in designated seating positions with proper restraints.
| State | Trunk Riding Prohibition | Primary Statute | Notes |
|---|---|---|---|
| California | Explicit | CVC 21712 | Covers all improper riding positions |
| New York | Explicit | VTL 1220 | Proper seating required |
| Texas | Implicit | TTC 545.414 and general occupant laws | Child-specific statute plus general rules |
| Florida | Implicit | FS 316.2015 | Occupant protection applies |
| Illinois | Explicit | 625 ILCS 5/12-603 | Seat belt and occupant positioning |
| Montana | General occupant law applies | No specific trunk statute | Less enforcement history |
| Wyoming | General occupant law applies | No specific trunk statute | Less enforcement history |
| Georgia | Implicit | OCGA 40-8-76 | Occupant protection laws apply |
Frequently Asked Questions
Is it illegal to sit in the trunk of a car in the US?
Yes, sitting in the trunk of a car is illegal in most U.S. states while the vehicle is in motion.
Most states prohibit it through passenger safety laws requiring all occupants to be in designated, properly restrained seating positions.
Both the driver and the passenger can receive citations, and criminal charges are possible when minors are involved.
Is riding in a truck bed legal in all states?
No, riding in an open truck bed is not legal in all states.
More than 20 states, including California, New York, and Illinois, ban passengers from riding in open truck beds on public roads regardless of age.
Other states allow adults but prohibit children, and a smaller number of states have minimal restrictions.
Can a child legally ride in a car trunk?
No, a child cannot legally ride in a car trunk in any U.S. state.
Child passenger safety laws in all 50 states require proper restraints, which car trunks do not provide.
Placing a child in a trunk violates both child passenger safety statutes and child endangerment laws, which can result in criminal charges.
What is the fine for riding in a trunk?
The base fine for riding in a car trunk ranges from $25 to $250 depending on the state.
Court fees and surcharges can multiply the base fine significantly, with total costs reaching $500 or more in high-surcharge states like California.
Criminal child endangerment charges add separate fines that can exceed $10,000 in some states.
Can a driver be charged for letting someone ride in a trunk?
Yes, a driver can be cited for a traffic violation and potentially charged criminally for allowing any passenger to ride in a trunk.
When the passenger is a minor, criminal child endangerment charges are possible in all 50 states.
Civil liability for injuries also falls on the driver under negligence per se principles when a passenger is injured riding in a trunk.
Trunk and truck bed laws are far more complex than most drivers realize, and the consequences for getting it wrong range from traffic fines to felony charges when children are involved. Knowing your state’s specific rules before you hit the road is the only way to stay on the right side of the law.
Bookmark this page and share it with any new driver or parent who needs a clear breakdown of these rules. Enforcement has been increasing in many states heading into 2026, and the legal exposure for drivers who allow improper passenger positioning has never been higher.
