Sample Passenger Policy Need some Adice

Internet forums are a bad place for advice on things that are regulated.
The bigboys, were not always big. But, they do keep familiar with these: http://www.fmcsa.dot.gov/rules-regulations/rules-regulations.htm As a Motor Carrier, it is your responsibility to be, atleast, familiar with them.

 

No, you have them sign a statement saying you do not allow riders unless authorized in writing by the company. Then if they do take someone without permission you are in a much stronger position plus will likely be able to turn to you general liability insurance for legal support.

 

In addition to the passenger policy providing a bit (a tiny one) of lawsuit insulation, along with due diligence with your insurance, there happens to be a regulation for this.

FMCSA §392.60
(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.​

There are a surprising number of issues beyond liability with transporting a passenger within the context of a CMV. There are several carriers that have their passenger policy posted on the internet. I reviewed several and created my own from the best of what I found. When I first considered it, I had a simple sign-off sheet in mind. It didn't take reviewing many to find there are all sorts of angles that need covering.

 

A passenger authorization is NOT required to be carried on the truck so some misinformation has been posted.

Directly from FMCSA:

Subpart G - Prohibited practices

[h=3]§392.60 Unauthorized persons not to be transported.[/h]
Question 1: Does §392.60 require a driver to carry a copy of the written authorization (required to transport passengers) on board a Commercical Motor Vehicle (CMV)?
Guidance: No, the authorization must be maintained at the carrier's principal place of business. At the discretion of the motor carrier, a driver may also carry a copy of the authorization.

 

What if you have a passenger rider policy, but the driver isn't a approved driver by the insurance company. he has a rider that he lets drive the truck and has a accident. Both persons past away. Is the insurance company liable for the coverage amount? And if so who gets the money. the carrier, or family?

 

How is a driver driving a truck they arent approved to drive?

 

Sounds like the passenger was illegally driving the truck without the company's permission or knowledge. I believe most companies have the driver pay for a separate policy covering the rider in the case of an accident, not for the person illegally driving the truck and having an accident killing both. You most likely need to check with a lawyer on this. Insurance policy needs to be located or end up being requested, don't know if the company will cooperate without a heavy hand.