Unauthorized passengers

Scope

Federal regulations for the transportation of passengers apply to motor carriers and their drivers who operate commercial motor vehicles (CMVs), not including buses, in interstate commerce.

Regulatory citations

• 49 CFR 392.60 — Unauthorized persons not to be transported

Key definitions

• Commercial motor vehicle (CMV): A self-propelled or towed vehicle used on a highway to transport property or passengers when the vehicle:
  • Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
  • Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  • Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
  • Is transporting hazardous materials of a type or quantity that requires placarding.

Summary of requirements

A CMV driver is prohibited from transporting passengers unless authorized in writing by the motor carrier under whose authority the vehicle is being operated.

The written authorization must include the following:

• The name of the person to be transported,
• The points where the transportation is to begin and end, and
• The date when the authorization expires.

Written authorization is not required for the following:

• Passengers transported on a bus,
• Persons assigned to the vehicle by the motor carrier,
• Persons being assisted in an emergency or after an accident,
• An attendant delegated to care for livestock, or
• Passengers assisting in the transportation of agricultural commodities or other agricultural products or supplies by farmers to or from their farms.