FMCSA Regulations Pertaining to Unauthorized Passengers

Why This Rule Exists

Carriers often ask if drivers can bring passengers along for the ride. While many companies allow it, there are strict rules issued by FMCSA in 49 CFR § 392.60. The regulation aims to protect both carriers and drivers from liability and safety risks associated with unauthorized passengers. 

Under § 392.60:

• Unless specifically authorized in writing by the carrier, no person may be transported in a commercial motor vehicle (CMV) other than a bus. 

• The written authorization must include the passenger’s name, start and end points, and the date when the authorization expires. 

• Exceptions include company‑assigned passenger, emergency aid, or livestock attendant. 
  

What Carriers and Drivers Must Do

To remain compliant and avoid penalties:

• Ensure any passenger in a CMV is authorized in writing by the carrier.

• Maintain the authorization at the carrier’s principal place of business. FMCSA states the driver does not necessarily need to carry the document in the vehicle. 

• Develop and enforce a clear passenger policy (for example: who is eligible, under what circumstances, and what documentation is required).

• Train drivers that unauthorized passengers can lead to roadside citations, vehicle detention, CSA points, and increased liability exposure.

Common Misunderstandings & Risks

• Myth: “If it’s my family member I can bring them along.”

  Fact: Even a spouse or child must be authorized in writing by the carrier under the regulation.

• Myth: “The regulation only applies on long‑haul trips.”

  Fact: § 392.60 applies regardless of trip length or load, if it’s a CMV carrying property for hire or under CMV rules. 

• Risk: The carrier’s insurance may not protect unauthorized passengers. Many injured unauthorized passengers file claims, and carriers may be held liable even when the passenger is a friend or family member of the driver. 

• Risk: Unauthorized passengers raise red flags for human trafficking enforcement. The Commercial Vehicle Safety Alliance (CVSA) petitioned FMCSA to require electronic or written proof of authorization. 

Best Practices for Policy & Implementation

• Require a passenger authorization form that includes: passenger name, start and end location, date(s), and signature of carrier rep.

• Incorporate passenger policy into driver onboarding and safety training.

• Make the policy part of your driver manual or safety handbook.

• Use a periodic review of passenger logs to ensure the printed or electronic authorizations are maintained.

• Consider adding a clause in your insurance agreement that clarifies which passengers are covered under the policy.

• If you allow passengers, keep in mind: seat‑belt availability, driver focus, no minor children without approval, and avoid picking up hitchhikers or relaxing rules at driver request.

FAQs About Unauthorized Passengers

Q: Can a driver transport a passenger without any paperwork if the carrier approved it verbally?

A: No. The regulation requires written authorization from the motor carrier. Verbal approval is not sufficient. 

Q: Does the driver have to carry the authorization certificate in the truck?

A: Not necessarily. FMCSA guidance states the authorization must be maintained at the carrier’s principal place of business; a driver carrying it is at the carrier’s discretion. 

Q: What if the passenger is an employee of the carrier and rides along to assist with delivery?

A: That is an exception under § 392.60(a)(1),  if the person is assigned by the carrier to ride in the truck or trailer, no separate written passenger authorization is required. 

Q: What are the consequences of having an unauthorized passenger?

A: Consequences may include a citation, vehicle detention, loss of CSA points, insurance claim exposure, and potential removal of the passenger until proof of authorization is provided.

Staying Safe, Compliant & Protected

Carrying passengers in a commercial truck can be a reward or a benefit to drivers, but it must be managed with formal documentation and policy. Failure to comply with FMCSA’s unauthorized passenger rule exposes both carrier and driver to risk. At TruckingHQ we assist carriers with compliance plans, safe‑ride policies, and making sure your insurance covers the exposure appropriately.

For further guidance on unauthorized passengers or risk management, contact TruckingHQ today.