Is it illegal to ride in a fifth wheel while driving?

Often yes—riding in a fifth-wheel trailer is illegal or tightly restricted in many places. In the United States, rules vary by state: some ban passengers in any towed trailer, while others allow riding in a fifth wheel only if strict safety conditions are met (for example, California permits it with specific equipment and communication requirements). In Canada, the U.K., Australia, and many other countries, it is generally illegal. Always check your local law and your insurer before considering it.

What “fifth wheel” means in the law

Most traffic codes distinguish between motorhomes (self-propelled RVs) and towed units. A “fifth-wheel” is a travel trailer that hitches to a plate in a truck bed (different from a bumper-pull travel trailer). Many jurisdictions write different rules for fifth-wheels versus other trailers, which is why you’ll see exceptions that apply to one but not the other.

United States: a patchwork of rules

There is no federal rule; each state sets its own policy. A number of states prohibit any person from riding in a towed trailer. Some states, however, carve out narrow exceptions for fifth-wheel travel trailers if certain safety features are present. As one concrete example, California allows passengers to ride in a fifth‑wheel travel trailer when the trailer is equipped with specified safety glass, an exit that can be opened from the inside, and a two‑way communication device with the driver; other states with allowances use similar concepts but may define the required equipment differently. Counties and cities can add stricter rules, and age restrictions may also apply.

Common conditions where it may be allowed

Where states do permit passengers in a fifth-wheel, they typically require a set of safety features and behaviors. The following summarizes the kinds of conditions you’re likely to see, but you must verify the exact text for your state.

• Two-way communication between the driver and trailer occupants (e.g., hardwired intercom or reliable radios).
• Approved safety glass in trailer windows and at least one exit/door operable from the inside and outside.
• Secure, properly anchored seating; some states require seat belts if seats are installed.
• Unlocked doors and unobstructed emergency exits while in motion.
• Restrictions on who may ride (for example, prohibiting unaccompanied minors or limiting the number of occupants).
• Compliance with all towing limits (weight, length) and equipment rules (brakes, breakaway switch, lighting).

These requirements are illustrative, not exhaustive. Because wording and enforcement vary, always read your state’s statute and DMV guidance, and confirm with state police or highway patrol if unclear.

Canada and other countries

Canada

Most provinces prohibit passengers in any towed trailer, including fifth-wheels. Some provinces permit passengers in truck campers (which sit in the pickup bed) but not in towed trailers. Provincial Highway Traffic Acts and RV guides generally make this clear; check your provincial ministry of transportation for current rules.

United Kingdom and European Union

Riding in a towed caravan on public roads is illegal. All passengers must be in the towing vehicle or a self-propelled motorhome with required restraints. The same principle applies broadly across EU member states.

Australia and New Zealand

Road rules in Australia and New Zealand prohibit riding in towed caravans and fifth-wheels. Passengers must be in a vehicle seat with an approved restraint; towed trailers lack the occupant protection required by law.

Safety and insurance implications

Even where it’s legal, riding in a fifth-wheel is risky. Trailers lack crash protection, airbags, and often seat belts; they can fishtail, jackknife, or overturn; and loose interior items become dangerous projectiles. Insurers may exclude coverage for injuries sustained while riding in a trailer, and violating a statute can jeopardize claims.

If, after confirming legality, you still plan to carry passengers, consider the following risk controls to reduce danger (they do not make it “safe”):

• Use dependable two-way communication and agree on stop protocols and emergency signals.
• Secure all furniture and cargo; stow heavy items low and over the axles; latch cabinets.
• Seat passengers only in forward-facing, firmly anchored positions; use belts if installed.
• Keep exits clear and unlocked; ensure windows are tempered/safety glass.
• Do not use propane appliances while moving; ensure smoke/CO detectors are functional.
• Drive conservatively: lower speed, longer following distances, wider turns, avoid high winds.
• Do not allow children or pets to ride in the trailer, even if not expressly prohibited.

These measures reduce but do not eliminate risk. The safest choice remains keeping all passengers in the tow vehicle with proper restraints.

How to verify the rule where you live

Because the law changes and language can be technical, use multiple official sources before deciding.

1. Identify your jurisdiction (state/province/country) and look up terms like “riding in trailer,” “trailer coach,” “fifth‑wheel travel trailer,” and “passengers in towed vehicles” in the traffic code.
2. Check your DMV/DoT driver handbook and RV/towing sections for any stated exceptions or equipment requirements.
3. Consult a current, reputable digest (for example, the AAA Digest of Motor Laws in the U.S.) for a high-level summary, then confirm against the statute text.
4. Call or email your state police/highway patrol or transport ministry for written guidance if anything is unclear.
5. Ask your auto/RV insurer whether your policy covers passengers in a towed trailer in your jurisdiction and get the answer in writing.

Documenting the specific code section and your insurer’s position helps avoid misunderstandings roadside and during any claim.

Penalties and enforcement

Violations typically result in traffic citations and fines; in a crash, carrying passengers illegally can trigger additional charges and civil liability. Even where technically allowed, failing to meet required equipment or communication conditions can be treated as a violation, and insurers may deny injury claims tied to noncompliance.

Summary

Riding in a fifth-wheel while driving is illegal in many places and only conditionally legal in some U.S. states. Countries like Canada, the U.K., Australia, and New Zealand generally prohibit it outright. Where allowed, strict safety and equipment rules usually apply, and significant risks and insurance implications remain. For both safety and legal certainty, keep all passengers in the tow vehicle with seat belts, and verify current rules and coverage before you travel.

Can someone be in a fifth wheel while driving?

No, passengers generally cannot ride in a 5th wheel trailer while it’s being driven, as most states prohibit it due to safety risks like lack of seatbelts and protective structures. While a few states might allow it under strict conditions, such as mandatory communication between the driver and trailer occupants, this practice is highly discouraged by safety experts due to the extreme danger in the event of a collision or sudden stop. Always check the specific state laws where you are traveling.
 
Why It’s Dangerous

• Lack of Safety Features: Opens in new tabFifth wheels, unlike cars, typically do not have seatbelts or a reinforced structure to protect occupants during a crash. 
• Unpredictable Movement: Opens in new tabThe trailer can sway or flip, or occupants can be thrown around during sudden stops or turns. 
• Communication Issues: Opens in new tabIn an emergency, occupants in the trailer have no way to communicate their distress or the danger to the driver in the towing vehicle. 

Legal Considerations

• State-by-State Laws: Legality varies significantly by state. Many states, such as California, explicitly forbid it. 
• Conditional Allowance: Some states may allow it if passengers have a reliable means of communication with the driver, such as a two-way radio. 
• Age Limits: Some states that permit passengers in fifth wheels have age restrictions, requiring passengers to be above a certain age. 

What You Should Do

• Verify with Local Laws: Opens in new tabBefore your trip, check the specific regulations for the state you are traveling through. 
• Prioritize Safety: Opens in new tabEven if allowed, it’s recommended that all passengers ride in the tow vehicle for their own safety. 
• Ensure Passengers are Secured: Opens in new tabIf you are in a state that allows it and choose to allow passengers, ensure they are properly secured with seatbelts and have a means to communicate with the driver. 

Can passengers sit in RV while driving?

The answer depends on the type of RV you are inside. Class A, Class B and Class C motorhomes offer passengers the ability to sit in the back while the vehicle is in motion. This is because these types of motorhomes are equipped to withstand driving accidents.

Is it illegal to be in a travel trailer while driving?

Most states prohibit passengers from riding in fifth wheel or travel trailers for safety reasons. Some states allow it but may have specific rules to follow. Check with your state to understand the specific requirements and learn more about the different types of RVs.

Can you legally ride in a 5th wheel?

Some states do allow passengers to ride in a 5th wheel with added restrictions. Those restrictions are either age limits or require communication (Denoted as “Comm.”) between the drivers and passengers riding in the 5th wheel. California (Comm.) Oregon (Comm.)