legality of passenger in sleeper berth

I wouldn't take that chance companies I worked for didn't mind long as I had passenger permit

 

If the wife is the actual owner of the truck, and you are simply the driver of that truck (and therefore an employee of your wife's company), then no authorization is needed for the wife to ride since her name is on the title and her signature is on the lease documents.

The kid, however, would still be an unauthorized passenger without the written permission from the carrier.

 

As I posted before this is a myth. The ONLY bodies allowed in a truck running under any authority other then their own is the driver whom has contracted with said carrier. Simple ownership is NOT enough. I will be posting the regulation as soon as I can get to a place where I can get internet.

 

OK I am where I can use my laptop and found the FMCSA regulation covering passengers. Now with this posted I am aware that it is a FMCSA regulation and does not apply to intrastate operation. However IT IS THE RULE for ALL interstate operation unless part of the exceptions noted. To carry a passenger YOU MUST either be running under your own authority or do as stated below. Several years ago I was as said in the scale house on I 20 eastbound near Vicksburg Mississippi. An OO was asked if he had written authorization to have what I later learned was his girlfriend with him. He stated he did not need this because he owned the truck. About 30 minutes later a cab come got the girl and he got violated for violating this regulation. I saw him sign the report. As I have stated two times before. This is one of many common myths about trucking. I know there are many OOs that violate this regulation everyday. I also know the chance of getting caught is very low. However be advised it is illegal without the approval of the company under whom you operate.

§ 392.60: Unauthorized persons not to be transported.


(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.

 

This seems to be a big enough loophole to drive a truck through.
Not that I think the op can use it.. But...

 

It is what it is. Good luck with trying to convince an officer that you are rendering aid.

 

If the truck is owned by the wife, it is the wife who contracted with the carrier. The wife then hired the husband to drive the truck for her as her employee, as her contract with the carrier states she must do. The husband's name and signature are not on ANY of the titles, contracts, lease agreements, etc.

Not much different than the company having you give a ride to any other company employee...whether shuttling another driver out to their truck or the safety guy taking a ride with you to evaluate your skills. These folks do not require written authorization because they are employed by the company.

The regulation you speak of is 392.60, and it clearly states "no written authorization shall be necessary for the transportation of: (1) employees or other persons assigned to a commercial motor vehicle by a motor carrier."

That O/O you speak of got in trouble because it was HIS truck HE was driving, and it was his g/f (with no ties to the truck OR the carrier) who was not authorized. Ballgame changes when the "passenger" is the truck owner and the signatory on the contract with the motor carrier, and the driver is the passenger's employee.

 

I know the situations you speak of, however you are WRONG. It does NOT matter who owns the vehicle. No one is allowed in a CMV operating under a carriers authority unless said carrier approves of it in writing.

 

When someone signs on as an OO with a carrier both the truck and the driver are cleared by safety. No carrier will allow anyone not active to operate a CMV under their authority. There can be 100 names on the contract but that don't mean all 100 can be in said truck as it is being operated. ONLY drivers active with said carrier can be in truck. Anybody else requires written authorization. I honestly don't understand why this simple thing can't be understood.

 

One more point and I am finished. The game changer is not ownership it is authority. If this passenger you speak of is also the authority holder you are 100% correct. Otherwise it is up to the authority holder NOT necessarily the owner.