Passengers are a risky prospect for motor carriers. While permitting drivers to bring family members or friends along on their routes can offer personal benefits such as reducing driver loneliness and creating a more pleasant work environment, it can also create significant risks to everyone involved.
Below are several examples to consider. For clarity, this article excludes bus companies, farmers, and those passengers mentioned in 49 CFR 392.60 who do not require written authorization to be transported in a commercial motor vehicle, such as a company employee conducting a road test. Instead, it addresses unauthorized passengers, such as family and friends, who are not allowed to be transported in a commercial motor vehicle without written authorization by the motor carrier.
As you read below, analyze these potential risks and evaluate your company’s current practices, then decide how you can manage this risk.
Increased Liability
What are the risks of having a passenger ride along with a truck driver?
One of the primary risks of allowing passengers in a commercial truck is the added liability for the trucking company. In the event of an accident, a passenger can be injured or killed, resulting in potential legal claims against the company. Insurance policies for commercial vehicles typically do not cover passengers not directly involved in the business, and adding a passenger clause can significantly increase insurance costs.
Distractions for the Driver
Can passengers be a distraction for truck drivers?
Passengers can be a distraction to drivers. Even well-intentioned conversations or activities can divert a truck driver’s attention away from the road, inhibit their ability to perceive and react to hazards, and increase the risk of an accident. This can include pets, family, and friends.
Regulatory and Compliance Concerns
What regulatory concerns are there regarding passengers in a commercial truck?
Trucking companies must comply with a range of federal and state regulations. Allowing the transportation of unauthorized passengers, as specified in 49 CFR Part 392.60, may lead to regulatory violations, fines, and increased scrutiny during inspections. Additionally, §395 imposes hours-of-service regulations, and managing rest breaks with a passenger present could inadvertently violate these rules if rest is compromised.
Safety Risks for Passengers
What documentation do I need to have a passenger ride along in my semi truck?
According to §392.60, when a motor carrier issues written authorization to a passenger, the document 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.
But motor carriers can go above and beyond this by stipulating in writing what an authorized passenger is forbidden from doing while in the truck, such as driving. Also, consider your stance if an unauthorized passenger is found in the truck without your prior knowledge.
As you can see, passengers can pose a significant risk to motor carriers. Before taking any action, consult legal counsel. They can help you draft your written authorization form — including signature blocks for both parties — and help you implement your strategy.
Call to Action
Consider conducting a risk analysis of your passenger policy and consult legal counsel.
Note: These lists are not intended to be all-inclusive.
The information in this article is provided as a courtesy of Great West Casualty Company. To see what additional resources Great West Casualty Company can provide for its insureds, please contact your risk control representative, or click below to find an agent.
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