Why a no-passenger policy for trucks protects the carrier
Federal rules let a carrier approve riders in writing. A no-passenger policy approves none, because the person in the passenger seat is a risk the carrier carries, not the driver alone.
Written by Rigo Diaz
An unauthorized rider in numbers
A no-passenger policy for trucks is a carrier rule that nobody rides along except the people federal rules exempt: employees the carrier assigns, such as a co-driver, people helped in an accident or emergency, and livestock attendants. It is stricter than 49 CFR 392.60, which allows riders with written authorization, and federal rules let carriers enforce it.
Federal rules don't ban passengers in trucks. A carrier can approve a rider in writing, and some carriers run rider programs that way. A no-passenger policy is the simpler answer: nobody rides unless the job puts them there.
I spent more than six years in risk management before I founded Simplex, and I have led it for more than 25 years. This guide covers what a no-passenger policy must still allow, what an unauthorized rider can cost you, and how to make the rule stick with company drivers and leased owner-operators alike.
The full briefing, read aloud
7 chapters. Select one to jump to it.
Generated with AI text-to-speech from this article's key insights, in order, rather than reading it word for word. Chapter times come from a transcript of the audio. The article itself was written and reviewed by Rigo Diaz.
Key takeaways
Federal law allows riders; your policy can ban them
49 CFR 392.60 permits passengers with the carrier's written authorization, and 49 CFR 390.3T(d) lets a carrier enforce a stricter rule.
Three kinds of riders stay allowed
Employees or others the carrier assigns to the truck, anyone transported while aid is given after an accident or in an emergency, and livestock attendants.
Leased owner-operators follow the carrier's rule
Authorization comes from the carrier whose authority the truck runs under, even when the driver owns the truck.
Roadside findings stay on your record for two years
An unauthorized passenger is a severity 1 Unsafe Driving violation; a passenger without a seat belt is severity 7. SMS uses both for 24 months.
The bigger exposure is a crash
Penalties have ceilings. An injured rider's claim does not, so check how your policy treats passengers before you decide.
In this articleContents
What is a no-passenger policy for trucks?
It is a carrier rule that issues no passenger authorizations. Under 49 CFR 392.60, no driver may transport anyone on a commercial motor vehicle other than a bus without specific written authorization from the motor carrier. A no-passenger policy simply means that authorization is never given.
That is legal. 49 CFR 390.3T(d) lets an employer require and enforce safety rules stricter than the federal minimum. If you would rather approve riders, our guide to truck passenger rules and written authorizations covers what each authorization must say.
Who does the policy bind?
Every driver operating under your authority. The rule says the authorization comes from the carrier "under whose authority the commercial motor vehicle is being operated," so a leased owner-operator follows your policy even in a truck they own.
Enforcing it is also your duty. 49 CFR 390.11 makes the motor carrier responsible for requiring drivers to observe every driver prohibition. If you run under your own authority, you are both carrier and driver, and the rule binds you the same way.
Who can still ride under a no-passenger policy?
Three kinds of riders, because 392.60(a) needs no written authorization for them. Your policy should name them so drivers never hesitate when they apply.
- Assigned people. Employees or other persons the carrier assigns to the truck, such as a team co-driver or a trainee.
- Accidents and emergencies. Anyone transported while aid is being given after an accident or in another emergency.
- Livestock attendants. A person delegated to care for livestock on the load.
Separately, 392.60(b) exempts trucks controlled and operated by a farmer hauling agricultural products from the farm or supplies to it. Everyone else is an unauthorized passenger under a no-passenger policy: spouses, children, friends, hitchhikers, and a customer's staff the carrier did not assign.
What does an unauthorized passenger cost a carrier?
A roadside violation at the least, a federal penalty at worst, and a coverage question if the rider is hurt. The table shows where each one lands.
| Where it shows up | What the record says | Weight or ceiling |
|---|---|---|
| Roadside inspection | Unauthorized passenger on board a CMV (392.60) | Severity 1 of 10, Unsafe Driving BASIC |
| Same stop, rider unbelted | Occupants not restrained in a property-carrying CMV (392.16) | Severity 7 of 10, Unsafe Driving BASIC |
| Federal enforcement case | Non-recordkeeping violation by the carrier | Up to $19,246 per violation |
| Federal enforcement case | Non-recordkeeping violation by the driver | Up to $4,812 |
The SMS Methodology keeps roadside violations for 24 months and weights those from the last six months three times as heavily as those over a year old. See how they build up in your Unsafe Driving score, and how CSA scores affect truck insurance.
What should you ask your insurance agent about passengers?
Ask how your policy treats each kind of rider before you write the rule, not after a claim. 392.60 is a safety rule; it says nothing about coverage, and policy wording varies.
- Does my auto liability policy exclude or limit injury to passengers, and does it matter whether the rider was authorized?
- If a co-driver or trainee is hurt, does the claim fall to workers' compensation or to auto liability?
- For a leased owner-operator driving off dispatch with a passenger, which applies: the carrier's policy or the driver's non-trucking liability?
- Will my underwriter ask whether we allow riders, and does a written no-passenger policy change the answer?
Write the answers into the policy itself, so drivers understand that the rule protects them too.
How do you enforce a no-passenger policy?
Make it part of how drivers are hired, dispatched, and reviewed. Each step below gives the rule an owner.
Step 1: Write the rule with its exceptions
State that nobody rides unless assigned by the carrier, and list the emergency and livestock exceptions word for word. A ban that seems to forbid helping at a crash will be ignored.
Step 2: Get a signed acknowledgment
390.3T(e)(2) requires every driver to be instructed in the applicable regulations. Cover the policy in onboarding, put it in owner-operator lease paperwork, and keep the signed acknowledgment. Our guide to hiring truck drivers safely covers the rest of onboarding.
Step 3: Give drivers an emergency routine
If a driver transports someone during an emergency, they tell dispatch the same day: who, from where, to where, and why. That note is your record that the trip fell under 392.60(a)(2).
Step 4: Read every inspection report
Look for 392.60 and 392.16 findings each month. One finding is a coaching conversation; a pattern means the policy is not reaching drivers.
Step 5: Apply discipline the same way every time
Set the consequence in writing and apply it to every driver, from a first-week hire to your longest-serving owner-operator. Inconsistent enforcement is the fastest way to lose the rule.
How Simplex helps you manage rider risk
A no-passenger policy is a safety rule, a coverage question, and a monitoring task. We help with all three.
Driver policies that hold up
Our DOT safety compliance team helps you put driver rules in writing and keep the records that show drivers were instructed.
Inspections, watched every month
Our compliance programs include CSA monitoring, so a passenger or seat belt finding gets noticed while it still weighs the most.
Coverage that matches the policy
Before you allow or ban riders, our team can review your commercial auto liability coverage with you.
Frequently asked questions
Is a no-passenger policy required by federal law?+
Can a truck driver give someone a ride in an emergency?+
Does a no-passenger policy apply to leased owner-operators?+
What is the fine for an unauthorized passenger in a truck?+
Are co-drivers and trainees passengers under a no-passenger policy?+
Where this information comes from
The rules and figures below come from federal regulation and FMCSA's published methodology, checked on October 19, 2026 (eCFR up to date as of October 15, 2026).
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1
eCFR — 49 CFR 392.60
The written authorization rule, the three riders who need none, and the farmer exemption.
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2
eCFR — 49 CFR 390.3T
Employers may enforce stricter safety rules, and every driver must be instructed in the regulations.
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3
eCFR — 49 CFR 390.11
The motor carrier's duty to require drivers to observe driver prohibitions.
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4
eCFR — 49 CFR 392.16
Seat belt use for drivers and for all other occupants of property-carrying CMVs.
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5
eCFR — Appendix B to 49 CFR Part 386
Maximum civil penalties for non-recordkeeping violations by carriers and by drivers.
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6
FMCSA — Guidance Q&A on 392.60
Passenger authorizations are kept at the carrier's principal place of business.
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7
FMCSA — SMS Methodology Appendix A
Passenger and seat belt violation codes, their BASIC, and their severity weights.
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8
FMCSA — SMS Methodology, version 3.21
The 24-month window and the time weights applied to roadside violations.
Written by
Rigo Diaz
Founder & CEO, Simplex Group
Founder and CEO of Simplex Group, with more than 25 years leading the company and helping trucking entrepreneurs navigate compliance, insurance, and the day-to-day demands of running a carrier. Before founding Simplex, he spent more than six years in risk management, experience that continues to shape how he approaches insurance, compliance, and carrier risk today.
Published · Updated
Related articles and services
A passenger rule protects you only if drivers live by it
Whether you ban riders or approve them in writing, the risk sits with the carrier. Write the rule, keep its exceptions, check your coverage, and watch your inspection reports.
If you want help writing the policy or checking how your insurance treats passengers, talk to our team.