(a) Unless specifically authorized in writing to do so by the motor carrier under whose authority the commercial motor vehicle is being operated, no driver shall transport any person or permit any person to be transported on any commercial motor vehicle other than a bus. When such authorization is issued, it 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. No written authorization, however, shall be necessary for the transportation of:
(1) Employees or other persons assigned to a commercial motor vehicle by a motor carrier;
(2) Any person transported when aid is being rendered in case of an accident or other emergency;
(3) An attendant delegated to care for livestock.
(b) This section shall not apply to the operation of commercial motor vehicles controlled and operated by any farmer and used in the transportation of agricultural commodities or products thereof from his/her farm or in the transportation of supplies to his/her farm.
[60 FR 38747, July 28, 1995]
Notes of Decisions
Beardsley v. Farmland Co-Op, Inc., 530 F.3d 1309 (10th Cir. 2008).
· cites it 2× “See 49 C.F.R. § 392.60 (a). 2 Dick testified that he was unaware of this particular regulation, although he knew DOT regulations governed the trip that resulted in the accident.”
C.C. v. Roadrunner Trucking, Inc., 823 F. Supp. 913 (D. Utah 1993).
· cites it 2× “In addition, Roadrunner conducts extensive training of new drivers during which employees are fully advised that company policy prohibits unauthorized transportation of passengers. (Interrog. no. 13, Def.’s Ans. Pis.’ 1st Set Interrogs.”
Fox v. Lyte, 143 A.D.2d 390 (N.Y. App. Div. 1988).
· cites it 2× “11, incorporating by reference 49 CFR 392.60). Firefighters who responded to the scene used water and foam to control and ultimately extinguish the fire.”
Reisch v. M & D Terminals, Inc., 884 P.2d 242 (Ariz. Ct. App. 1994).
· cites it 2× “This policy was in accord with a federal safety regulation found at 49 C.F.R. section 392.60. In 1988, Orla had signed a document which read: NO ONE IS PERMITTED TO RIDE IN YOUR TRUCK OTHER THAN THOSE STATED IN SUBPART G—PROHIBITED PRACTICES—SECTION # 392.”
Cowart v. Widener, 675 S.E.2d 591 (Ga. Ct. App. 2009).
“Even if Widener could be found negligent, moreover, United Transportation could not be held liable because Widener’s act of taking Cowart as a passenger violated United Transportation’s explicit instructions not to do so as well as federal regulations.”
Rivera v. TransAm Trucking CA4/2 (Cal. Ct. App. 2022).
· cites it 3× “” In addition, federal regulations do not allow “unauthorized passengers” to be transported without the carrier’s written permission (49 C.F.R. 392.60), but Gouvion had TransAm’s written permission to take Ms.”
Douglas Melrose v. Ricky Warner (Mich. Ct. App. 2016).
· cites it 2× “41 (operating without a medical card), 49 CFR 392.60 (unauthorized person in vehicle), 49 CFR 396.”
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