Is Riding in the Back of a Truck Legal in Delaware After the 2026 Policy Reforms?

No, Delaware prohibits riding in the back of an unenclosed truck bed under Title 21 § 4177, with exceptions for agricultural, military, or emergency vehicles. Violations incur fines up to $200 under the 2024 Delaware Code updates enforced by the Division of Motor Vehicles.


Key Regulations for Riding in the Back of a Truck in Delaware

  • Enclosed Cargo Areas Only: Occupants may ride in the bed only if the truck is equipped with an enclosed cargo area meeting federal safety standards (FMVSS 204/207).
  • Agricultural Exemptions: Farm vehicles transporting workers for field operations are exempt, provided speeds do not exceed 25 mph and the bed is equipped with side rails.
  • Emergency and Military Use: Authorized personnel may ride in truck beds during official duties, subject to Delaware Emergency Management Agency (DEMA) and National Guard protocols.

The Delaware State Police and New Castle County Code § 11-104 reinforce these restrictions, with local jurisdictions empowered to impose additional penalties. The 2026 Delaware General Assembly is reviewing amendments to align with NHTSA’s 2025 vehicle safety guidelines, potentially expanding enforcement mechanisms.