CVSA Seeks New Passenger Rule in Petition to FMCSA

CVSA Seeks New Passenger Rule for Truck Drivers

Truck drivers who travel with a spouse, family member, or other approved passenger could face a new paperwork rule during roadside inspections. The Commercial Vehicle Safety Alliance (CVSA) has asked the Federal Motor Carrier Safety Administration (FMCSA) to change the federal passenger rule for commercial trucks.

CVSA wants drivers to keep proof that each non-driver passenger has been approved by the motor carrier. The proof could be a paper letter or an electronic file.

Drivers would also need to show the document during a roadside inspection.

The goal is to help inspectors find possible cases of human trafficking. However, the proposed passenger rule could also add a new duty for drivers and carriers. The request is only a petition. FMCSA has not approved a new rule, and no new deadline is in place.

Current Passenger Rule Already Requires Carrier Approval

Federal rules already limit who may ride in a property-carrying commercial motor vehicle. A motor carrier may allow a driver to carry a passenger. However, the driver must first get written approval from the carrier. The document must include the passenger’s name. It must also list where the trip starts and ends. In addition, it must show when the approval expires.

Current federal guidance does not require the driver to keep the document in the truck. The carrier may keep it at its main place of business instead.

CVSA wants FMCSA to change that part of the passenger rule.

Under the petition, drivers would need to keep a paper copy or electronic copy in the truck. The carrier would still keep another copy at its main office. The basic approval rule would not change. Drivers already need carrier approval before taking a non-driver passenger. The main change would be where the document is kept. A driver would also need to show it when asked by an inspector.

Passenger Proof Could Become a Roadside Requirement

The proposal could affect drivers who travel with a spouse, child, relative, friend, or other non-driver guest. 

Today, some drivers may rely on the carrier to keep the letter on file. Under the proposed change, that may no longer be enough. Before a trip begins, the driver would need to make sure the document is in the truck. The letter may also need to be checked for errors. The passenger’s name must be correct. Trip dates and travel points must also match.

An old or incomplete letter could still cause trouble, even if the carrier approved the passenger. CVSA says an electronic copy should be allowed. That could make the passenger rule easier for some drivers. 

Still, the petition does not answer every practical question.

Phone batteries could die. Drivers may be in an area with weak service. A company app may not open without an internet connection. A file could also be locked behind a password. In other cases, the driver may not know where the document is stored.

These issues could matter if FMCSA starts a formal rulemaking.

Carriers may need to make sure drivers can open the document even when there is no cell signal.

CVSA Links the Passenger Rule to Human Trafficking

CVSA says roadside inspectors can play a key role in finding signs of human trafficking.

Inspectors are trained to look for unusual conduct and other warning signs. They may also check whether a passenger has been approved by the carrier. The current passenger rule can make that check hard.

An inspector may call the motor carrier for proof. However, the company’s office may be closed. The right employee may not be available. Weak cell service can also stop the call from going through. In those cases, the inspector may not be able to confirm whether the passenger is allowed to be in the truck.

CVSA says the truck may then be allowed to leave before the passenger’s status can be checked. The group believes a paper or electronic letter in the truck would give inspectors one more tool. That letter would not prove that everything is safe. Still, it could give the inspector a place to start.

Missing Paperwork Could Lead to More Questions

The petition explains what may happen if a driver cannot show the document.

CVSA says the missing letter could give an inspector a reason to remove the passenger from the truck. The inspector could then speak with the passenger away from the driver.

That step could help the inspector learn whether the person is traveling by choice. It could also help reveal signs of force, fraud, or threats. For drivers, this means a missing letter could make an inspection longer. 

The passenger may be legal and approved. Even so, the lack of proof could lead to more checks and more questions.

CVSA also places focus on civilian inspectors. These inspectors are not sworn law enforcement officers. They do not always have the same powers as police officers. The group says the passenger rule could give civilian inspectors a clearer reason to ask more questions. It could also give them a set process to follow when proof is missing.

Showing a valid letter would not always end the check. An inspector could still call the carrier. The document could also be reviewed for signs of fraud.  

In addition, the inspector may speak with both the driver and the passenger.

CVSA says a fake letter could become evidence if the stop leads to a criminal case.

Carriers May Need New Passenger Procedures

Motor carriers that allow passengers may need to update their policies if FMCSA approves the request. Safety teams may need to create a standard form. They may also need to track when each approval ends. A system may be needed to store each letter and send a copy to the driver.

Dispatchers and driver managers could also have a role. Before a trip starts, they may need to check that the driver has the correct document. 

Fleets may also need a backup plan for nights and weekends. For example, a driver may need help during an inspection when the safety office is closed. A 24-hour contact line could become more important.

The proposed passenger rule could also affect carriers that do not allow passengers.

CVSA says a roadside violation could alert a carrier that a driver took someone without approval. Under the current system, the carrier may never learn about the passenger if the inspector cannot reach the office.

Owner-operators could face new duties as well. An owner-operator with active authority may need to write and keep the approval. That owner-operator may also need to carry the same document in the truck. Leased owner-operators would still need to follow the passenger rules of the carrier whose authority they use.

CVSA Requests Zero SMS Points

CVSA has also raised a key issue for carriers. The group suggests that a passenger document violation should count as zero points in the Safety Measurement System.

That would let inspectors record the violation. At the same time, it would limit the effect on the carrier’s SMS score. CVSA says this would help enforce the passenger rule without placing too much blame on the carrier when the driver failed to carry the letter.

Still, a zero-point violation may not be meaningless. The violation could remain on an inspection report. A carrier may review it during an internal safety check. An insurer or customer may also see the record.

The petition does not fully explain how the violation could affect a driver’s own record. It also does not say how the violation may be viewed during hiring or safety reviews. Those details may need to be addressed if FMCSA moves forward.

ATA and TAT Support the Proposed Change

The American Trucking Associations supports the CVSA request.

ATA agrees that drivers should be able to show passenger approval in paper or electronic form. However, ATA wants FMCSA to make one point clear.

The passenger rule should not apply when the passenger is another employee of the carrier. That issue could affect many common work situations. Traines may ride with new drivers. A mechanic may join a road test. A safety manager may ride along during an audit. Team drivers and trainees could also be affected if the final wording is not clear.

TAT, which was once known as Truckers Against Trafficking, also supports the petition. The group says the document could help inspectors during a roadside stop. They also say FMCSA had raised concerns in the past.

The agency said documents could be fake. It also worried that a letter could affect how an inspector views the case. FMCSA also noted that a formal rulemaking would be needed.

CVSA and its supporters argue that those concerns should not stop the change.

They say other truck documents can also be false. Even so, drivers are still required to carry and show them.

No New Passenger Rule Is in Effect

The petition does not create a new passenger rule by itself. FMCSA must now decide what to do next. The agency could approve the petition. It could deny the request. It could also ask for public comments or take another step.

If FMCSA agrees that the rule should change, the agency would likely begin a formal process. That process could include a proposed rule and a public comment period. A final rule would come later, if the agency decides to move ahead.

For now, drivers must still follow the current passenger approval rule.

The main issue to watch is whether FMCSA will require drivers to keep proof in the truck and show it during inspections. If that happens, drivers who travel with spouses, relatives, or other approved passengers may need to treat the authorization letter like any other key roadside document.