Passengers in Commercial Motor Vehicles (392.60) - Written Authorization Guidance

Roadside inspections place enforcement personnel in a unique and optimum position to confront the human trafficking problem in this country. 49CFR392.60 requires passengers in property carrying CMV's to have the written permission of the responsible carrier in order to be transported. The written authorization must 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. However, the interpretation guidance associated with the regulation indicates the written authorization does not need to be carried in the vehicle. The interpretation basically makes the regulation unenforceable roadside. An inspector's ability to contact and confirm with the carrier that the passenger is authorized is limited by several factors, including the time of inspection being outside normal business hours, poor cell signal and the company employee having access to the information not being available.

During the process of the roadside inspection, being able to determine that the carrier has knowledge of a passenger being present and identifies them with specific authorized travel points and dates would allow enforcement personnel to better determine if the passenger is authorized or possibly a victim of trafficking. Requiring the passenger to be identified as authorized either with written or electronic means by the company at the time of the roadside interaction is a small inconvenience for carriers and drivers verses the potential to save someone's life that is being trafficked. I believe this simple modification of an existing regulation would be a major step in eliminating human trafficking in CMV's.

I request CVSA petition FMCSA to either remove the interpretation that indicates the written authorization does not need to be carried in the CMV or change the interpretation guidance answer to "yes" and require the written authorization be required to be carried in the commercial motor vehicle. The authorization can be carried by either written or electronic means.