July 26th, 2023
Truck driving is a career that necessitates being away from home for extended periods of time. Although it can be tempting to bring loved ones along on frequent trips, the additional liability and risk of violating Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) regulations should not go unnoticed - all paperwork must be completed prior to transporting an unauthorized passenger.
With a heavy emphasis on safety, the Federal Motor Carrier Safety Administration (FMCSA) has established rules and regulations to ensure commercial drivers are practicing safe methods while behind the wheel. Section 392.60 specifically outlines mandated procedures regarding passenger transportation that protect both the driver and Motor Carrier from potential risks associated with unauthorized passengers.
Drivers must maintain vigilance when it comes to traveling with passengers in Commercial Motor Vehicles (CMV), regardless of trip duration. Without written authorization from their Motor Carrier, the transportation of any additional party is strictly prohibited – unless specified otherwise for vehicles such as buses.
FMCSA regulations require that passenger authorization is provided prior to transportation, including their name, origin/destination points as well as dates of travel. The written documentation does not need to be carried with passengers in the truck; however, it must
remain on file with Motor Carriers for recordkeeping purposes.
Despite being a friend or family member of the driver, many injured passengers often initiate legal action against the Motor Carrier. As a result, “no-passenger” policies are increasingly becoming seen as the only surefire way to avoid liability.
Motor Carriers allowing passengers to ride along must be extra vigilant in ensuring all FMCSA guidelines are followed and that a comprehensive risk management plan is implemented, including the purchase of Passenger Accident Insurance. Taking these steps will ensure passenger safety while protecting both drivers and the Motor Carrier from possible liabilities.
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