440.08   OCCUPYING TRAVEL TRAILER, FIFTH WHEEL VEHICLE, OR MANUFACTURED OR MOBILE HOME WHILE IN MOTION; RIDING IN CARGO STORAGE AREA OR ON TAILGATE.
   (a)   Except as provided in division (b) of this section, no person shall occupy any travel trailer, fifth wheel trailer, or manufactured or mobile home while it is being used as a conveyance upon a street or highway.
   (b)   (1)   Division (a) of this section does not apply to a fifth wheel trailer when both of the following apply:
         A.   Any child riding in the fifth wheel trailer is properly secured in the manner provided in R.C. § 4511.81.
         B.   The operator of the vehicle towing the fifth wheel trailer has some means of viable communication with the passengers riding in the trailer.
      (2)   As used in this division, “viable communication” includes a cellular or satellite telephone, a radio, or any other similar electronic wireless communications device.
   (c)   (1)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
      (2)   The offense established under this section is a strict liability offense and R.C. § 2901.20 does not apply. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
R.C. § 4511.701)
   (d)   No driver of a truck, trailer or semitrailer shall knowingly permit any person who has not attained the age of 16 years to ride in the unenclosed or unroofed cargo storage area of his or her vehicle if the vehicle is traveling faster than 25 miles per hour, unless either of the following applies:
      (1)   The cargo storage area of the vehicle is equipped with a properly secured seat to which is attached a seat safety belt that is in compliance with Federal standards for an occupant restraining device, as defined in Ohio R.C. 4513.263(A)(2), the seat and seat safety belt were installed at the time the vehicle was originally assembled, and the person riding in the cargo storage area is in the seat and is wearing the seat safety belt.
      (2)   An emergency exists that threatens the life of the driver or the person being transported in the cargo storage area of the truck, trailer or semitrailer.
   (e)   No driver of a truck, trailer or semitrailer shall permit any person, except workers performing specialized highway or street maintenance or construction under authority of a public agency, to ride in the cargo storage area or on a tailgate of his or her vehicle while the tailgate is unlatched.
(ORC 4511.51) (Ord. 89-162. Passed 10-25-89.)