Understanding FMCSA Passenger Rule Violation

As a commercial long-haul truck driver, you spend a great deal of time away from home and your friends and family. Why not bring them along on your trips so you can spend some time together and see more of the country?

Depending on the company you work for, this may be a possibility. However, you must follow some strict guidelines regarding passengers, or face the consequences of an FMCSA passenger rule violation — consequences that could potentially end your driving career. You take care to fulfill your other compliance obligations, like Unified Carrier Registration, so get the facts about registering your passengers to avoid problems. 

FMCSA Regulations Regarding Passengers 

The Federal Motor Carrier Safety Administration leaves the decision of whether to allow drivers to carry passengers up to the individual carriers. Some companies strictly prohibit drivers from bringing anyone along in their rigs, while others allow it under specific circumstances. 

If the company you drive for allows you to bring a companion, FMCSA regulations require you to get written authorization from the carrier to do so. Under FMCSA rule 392.60, drivers cannot transport any person without a written pass. The pass must detail the passenger’s name, where the transportation will begin and end, and the date that the authorization expires. 

There are a few exceptions to the rule that won’t result in a FMCSA passenger rule violation:

• A passenger who the motor carrier assigned to ride in the truck 
• An individual who needs aid after an emergency or accident
• A passenger who is riding along to care for livestock during transportation 

Beyond these exceptions, anyone who rides in the truck other than the driver must have written authorization. Keep in mind every company can establish its own passenger rules; for example, some companies don’t allow children to ride in their trucks or limit how long passengers can tag along. Other companies only allow drivers to carry passengers after a certain number of service hours or as a reward for performance.

Why Passenger Rules Exist

The FMCSA and trucking companies have rules about passengers for several reasons. 

First, passenger safety is always a concern and it can be a liability issue for you and your employer. Unfortunately, if something were to go wrong and your passenger sustains an injury, you could be on the hook for it. 

Second, even if you want to help someone with a ride, there’s no guarantee that they have the best intentions. Picking up a hitchhiker or transporting someone who asks for a ride can land you in hot water if they are carrying drugs or involved in other criminal activity, not to mention put you at risk of becoming a victim. 

Finally, transportation officials are always on the lookout for the unauthorized transportation of noncitizens or human trafficking victims. Following safety standards and getting the proper authorization to transport a passenger avoids any questions about who you’re traveling with and why.

What Happens If I Break the Rules?

An FMCSA passenger rule violation is a serious matter. If you arrive at a weigh station or other inspection point with a passenger, the inspector will ask to see the passenger authorization. If you can’t produce it — or frantically try to create a pass before getting to the scales — the violation penalties may include:

• Being detained at the scales indefinitely 
• Removal of the passenger 
• FMCSA points against you and your company 
• Fines 
• Loss of employment 
• Imprisonment for illegal activities like transporting noncitizens 

FMCSA rules support passenger safety and motor carriers need to be able to account for everyone in their trucks and ensure insurance covers them. Attempting to skirt the rules will only mean trouble so it’s best to understand your company’s policies and follow them to the letter. 

How to Safely Transport a Passenger

If you choose to invite a passenger, there are a few more things to consider to ensure everyone’s safety.

Most companies only allow drivers to carry one passenger at a time so they can sit in the front seat and use a seat belt. 

It’s not always advisable to bring small children with you. Most trucks cannot accommodate car seats, and young children can distract the driver. It’s better to wait until the child is older to travel with you. 

Speaking of children, it’s a good idea to bring a child’s birth certificate with you when you travel. Even with written authorization from the motor carrier and the child’s other parent, if you cannot prove that the child belongs to you, you may face more questions or even charges of child endangerment or kidnapping. 

Stay Ahead of Compliance with Help From FMCA Filings 

Avoiding an FMCSA passenger rule violation is just one compliance issue for trucking companies, but staying on top of trucking rule compliance can be complex. FMCA Filings makes it easy. Avoid FMCSA violation points and other headaches by checking on your status and more at fmcafilings.com.