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Have you ever heard about a truck driver getting in trouble for picking up a random passenger without a passenger pass?
Chances are, the story goes something like this: A truck driver is caught hauling an unauthorized passenger and gets fined, receives Compliance, Safety and Accountability (CSA) points or even gets detained at a scale and has to go to jail.
There are rules about who you can and can’t have riding in your rig with you. Failing to follow those rules can result in a variety of consequences — even if you’re simply trying to be a good samaritan by picking up someone in need on the side of the road.
As the compliance manager at Anderson Trucking Service (ATS), it’s my job to ensure both the company and our drivers are following the regulations set forth by the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) — among other organizations.
In this article, I’ll cover the following:
- The federal regulation for passengers in semi-trucks
- Passenger passes
- Why passenger passes are important
- Passenger pass violations
When you’re finished reading, you’ll be armed with the knowledge you need to safely and legally transport passengers.
Passenger Regulations for Truck Drivers
Below is the regulation taken straight from the Code of Federal Regulations regarding the transportation of passengers in commercial motor vehicles (CMV):
(a) Unless specifically authorized in writing to do so by the motor carrier under whose authority the commercial motor vehicle is being operated, no driver shall transport any person or permit any person to be transported on any commercial motor vehicle other than a bus. When such authorization is issued, it shall state the name of the person to be transported, the points where the transportation is to begin and end, and the date upon which such authority expires. No written authorization, however, shall be necessary for the transportation of:
- Employees or other persons assigned to a commercial motor vehicle by a motor carrier;
- Any person transported when aid is being rendered in case of an accident or other emergency;
- An attendant delegated to care for livestock.
(b) This section shall not apply to the operation of commercial motor vehicles controlled and operated by any farmer and used in the transportation of agricultural commodities or products thereof from his/her farm or in the transportation of supplies to his/her farm.
In a nutshell: Drivers can’t transport passengers without prior written authorization. The only exceptions are if a driver needs to transport someone from the company (for instance, during a road test), an accident occurs and the driver has to bring them to get medical aid or an individual is needed to take care of animals being transported.
Can Truck Drivers Have Passengers?
You might be wondering if you can’t have any passengers with you after reading the regulation. You can; you just have to follow the rule and any other regulations set by your company. That means you might be restricted on who can be a passenger in your truck.
Because of the unauthorized persons regulation, trucking companies have passenger policies. While some companies may not even allow any passengers in the truck, many offer passenger passes for a set fee. Of course, in accordance with the regulation, written authorization is required with specific information about the passenger, the date of travel and where they’re traveling.
Every company has different rules on top of the regulation. For instance, some companies won’t allow you to transport children under a certain age or children that aren’t biologically related to you. You can’t exactly put a car seat in a semi-truck and having a very young child on the road with you would take your focus off the road. To ensure the safety of all children, a birth certificate may be required if you want them to travel with you in your truck.
Typically, both parties need to sign release forms for the passenger pass to be legitimate. An additional pass is required for each new passenger in the truck. If they don’t fill out a pass, they aren’t legal.
So that everyone can safely wear a seatbelt in the front seat, only one passenger can be transported at a time.
When you start driving for a new company, be sure to ask about their passenger policy, including any fees and specific requirements they may have.
Why Do Truck Driver Passenger Policies Exist?
There are a few reasons passenger policies are in place. For starters, insurance is at play. Trucking companies have the responsibility to protect both the company and its drivers. A passenger pass protects the passenger under the driver’s insurance policy and states that the passenger isn’t to operate the vehicle or help at customer sites.
If an accidental injury or death were to occur while an unauthorized person is being transported a slew of negative consequences can ensue. The same could happen if the passenger is caught illegally operating the vehicle.
The policy is also in place for legal and safety reasons. Because truck drivers are always moving from place to place, they can be targeted by human trafficking schemes and approached by smugglers to transport undocumented noncitizens. Let’s talk about each.
Truckers Against Human Trafficking
Human trafficking, the illegal act of trading humans for forced labor, is a major issue in this country. In fact, the U.S. is rated as one of the worst countries in the world for trafficking.
Victims are moved around a lot. Transporting them through a network of places like truck stops, private homes, motels and brothels disguised as massage parlors keeps victims confined and helpless. It also helps traffickers continue to victimize vulnerable populations without getting caught.
As the eyes and ears of the highway, truck drivers can make a difference and do their part to prevent this crime from continuing. Truckers Against Trafficking is a grassroots movement that provides drivers with training resources and signs to recognize trafficking.
Drivers should call local law enforcement or the National Human Trafficking Hotline at 1-888-373-7888 to report any signs of suspicious activity. The national hotline can get trafficking victims, survivors and reporters help. As a driver, you don’t need to confront anyone and be the hero — just call the hotline with as many details as you can.
A passenger pass is just another step that ensures people are being safely and legally transported.
Transporting Undocumented Noncitizens or Other Unauthorized Passengers
Drivers have been caught smuggling undocumented noncitizens across the border or transporting them across the country. Oftentimes, these drivers are targeted and incentivized by smugglers to do so, and in their desperation to send money home to their families, they do it.
These undocumented noncitizens are typically transported in the trailer, which is also illegal and very dangerous for the persons in the trailer. Sometimes, these undocumented noncitizens have been approached by smugglers and promised a better life in the U.S. if they carry illegal substances across the border. Then, smugglers rope a trucker into the operation.
Engaging in this behavior — whether transporting one unauthorized passenger or dozens — is illegal and punishable by prison time. Just look in the news and you’ll see stories of drivers in prison for this very crime.
Even in times of dire financial need, drivers shouldn’t engage in this behavior. Be wary of shady individuals in or around truck stops who are asking weird questions or alluding to illegal activity.
A passenger pass is just another way to try to protect against this behavior.
Additionally, drivers like you are very compassionate and may see someone on the road who needs help. However, the would-be passengers may not always have the best intentions. They could be using you to transport drugs or harm you. It’s better to call for help than to risk yourself and your career to help them.
Passenger Pass Violations and Consequences
You shouldn’t ever try to frantically fill out a passenger pass at a scale just before an inspection. Take care of it with your company before you get on the road — always.
Failing to comply with passenger pass regulations can result in a variety of consequences for you, some of which I’ve mentioned already.
Drivers can be detained at scales if they’re caught with an unauthorized passenger. Roadside inspectors may kick passengers out of the truck or they won’t let the driver go either. Violating this regulation also comes with CSA points which will weigh against you at your carrier and future carriers for several years.
Now, imagine the trouble you could get into if you have an unauthorized child in the vehicle with you. Even if it’s your partner’s child and your partner allowed it, without that pass, it can look a lot like child endangerment or kidnapping. In fact, this is why some companies won’t let you take children who aren’t biologically yours on the road with you.
If you’re caught transporting an undocumented noncitizen or you’re participating in trafficking, the consequences are even higher — including a lengthy prison sentence.
Safety and Compliance On the Road
The regulations surrounding passengers in CMVs are stringent and for good reason. The Code of Federal Regulations § 392.60 specifies the limitations and exceptions for transporting individuals in trucks, emphasizing the importance of written authorization from the motor carrier for any non-exceptions.
Truck driver passenger policies exist to uphold safety, legal compliance and insurance requirements. These policies ensure that passengers are accounted for, covered under insurance and that drivers aren't involved in illicit activities such as human trafficking or transporting undocumented individuals.
The consequences of disregarding these regulations and policies are severe, ranging from fines, CSA points against the driver, detention at scales, to imprisonment. Unauthorized passengers pose risks not only to the driver's career and legal standing but also to their safety and the possibility of inadvertently participating in criminal activities.
The existence of passenger passes serves as a safeguard, preventing potential legal complications and maintaining a secure environment for all involved. It's crucial for truck drivers to thoroughly understand and abide by these regulations, ensuring lawful and secure transportation practices while on the road.
Looking for more help when it comes to safety on the road? Check out the ATS Learning Center to make sure you’re always compliant.