might just be arguing semantics with this but, under the open topped part of the BRB it states, "Open-topped Transports do not have specific Fire Points. Instead, all passengers in an Open-topped Transport can fire..." Since it is under the fire point section that it says that passengers can't fire on a flat out, and since open-topped doesn't have fire point it wouldn't apply.
It would make since that you couldn't do it out of fire points cause it of the restraining field of fire. In a open-topped vehicle there is nothing to prohibit the field of fire when the vehicle moves flat out.