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IT PAYS TO BE SAFE

No. 17, April, 2010
School's Out/Can My Kids Come With Me?

Many trucking companies have policies regarding drivers taking passengers along with them. What many drivers and companies don't realize is that this is actually an area addressed by the Federal Motor Carrier Safety Act. Section 392.60, entitled "Unauthorized Persons Not to be Transported."

While the statute's heading makes it sound like you can't take along a passenger, that's not true. You simply must follow specific steps in order to be able to do so. Section 392.60(a) provides that the driver must seek specific authorization from his or her motor carrier in order to take a passenger along with them. This does need to be in writing, and when issued by the motor carrier, is to state:

  • The name of the person to be transported;
  • The point where the transportation is to begin and end; and
  • The date upon which such authority expires.

There is, of course, no written authorization required when it's a fellow employee assigned the commercial vehicle, such as a mechanic, or when a driver needs to transport someone who is going to provide aid as the result of an accident or other emergency.

The Department of Transportation's interpretation of the Rule provides that the written authorization does not have to be in the truck, but simply on file at the motor carrier's office.

Drivers are away from their families for long periods of time and it's important for them to understand they can take their spouse or family members with them to see what it is they do for a living, and the incredible places they travel to. Just remember that written authorization to do so is required, not only often by company policy, but by the Federal Motor Carrier Safety Act.

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