What 392.60(a) means in plain language
FMCSR 392.60(a) prohibits carrying passengers in a commercial motor vehicle unless they are authorized to be there. This means your truck is a work vehicle, not a personal transport.
Authorized passengers typically include company supervisors, authorized riders, or individuals explicitly permitted by your carrier's policy. Anyone else — hitchhikers, friends, family members on a joyride, or anyone riding along without documented approval — qualifies as unauthorized. Even if the person was sitting quietly in the sleeper bunk or wasn't visible during inspection, if they lacked authorization from your carrier or the DOT, the citation stands.
The violation is straightforward: either the person on board had written or verified authorization from your carrier, or they didn't. There's no gray area around intent or how long they were aboard.
What our enforcement data actually shows
This is one of the rarest citations in the roadside inspection universe. Across our database of 13 million+ inspections, we have recorded 1,169 all-time citations for 392.60(a), which ranks this code #677 out of 3,036 FMCSR codes by citation volume.
In the last 12 months, our records show zero citations for this violation. Over the last 90 days, the count remains zero. This sharp drop suggests either improved compliance or a shift in how inspectors prioritize passenger-related violations.
When 392.60(a) violations do occur, they almost never result in an out-of-service order. Our data shows an OOS rate of 0.1% — meaning only 1 out of 1,168 citations led to the vehicle being removed from service. This stands in stark contrast to the all-FMCSR average OOS rate of 31.4%, underscoring that this violation is treated as a compliance citation rather than an immediate safety hazard that prevents further operation.
Who gets cited most
Our inspection records do not show a geographic concentration of 392.60(a) citations by state, and the data reflects enforcement across many jurisdictions rather than a few hotspots.
Among major carriers in our database, fleets such as New Prime Inc (7 citations), Swift Transportation Co of Arizona LLC (6 citations), and US Xpress Inc (6 citations) appear in the enforcement record. This distribution across large, well-managed carriers indicates that unauthorized passenger violations occur across the industry regardless of carrier size or reputation — it is not a problem concentrated in smaller or less-compliant operations.
How severe is this compared to similar codes
392.60(a) sits in the Unsafe Driving category alongside violations like operating a CMV while ill or fatigued. That broader peer set is far more frequently cited: for example, 392.2 (Operating a CMV while ill or fatigued) accounts for 1,208,164 all-time citations, with a 0.8% OOS rate. By volume, 392.2 is cited over 1,000 times more often than 392.60(a).
Other fatigued-driving variants in the same category, such as 392.2-SLLSR, show 191,232 citations with a 0.1% OOS rate—matching the low out-of-service frequency of 392.60(a) but still affecting roughly 160 times more drivers.
The rarity of 392.60(a) enforcement means it generates minimal industry attention compared to speed, fatigue, and mechanical violations that dominate roadside inspection findings.
How to avoid it
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Clarify your carrier's passenger policy in writing before every trip. Know exactly who—if anyone—is authorized to ride in your truck. If you're unsure, ask your dispatcher or safety department in writing.
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Never allow friends, family, or hitchhikers to ride along, even for a short distance. An inspector can cite you on the spot, and the violation lands on your record regardless of how brief the ride was.
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Document any authorized riders. If your carrier permits supervisors, new hires, or trainees to ride along for training or compliance purposes, ensure you have written authorization in the cab. Have the authorized person's name and role on a sheet you can show an inspector.
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Check your vehicle before departure. Perform a walk-around and visual sweep of the sleeper cab, cab, and cargo area. Confirm no one is hiding or sleeping in unauthorized spaces. This is especially important at rest areas, truck stops, or yards where other individuals may be present.
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Communicate at handoffs. If another driver or team member has operated the truck recently, confirm they have not left anyone aboard. A stowaway or unauthorized rider left behind by the previous driver can result in your citation.
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Train anyone who shares your truck. If you operate a team truck or shared equipment, ensure every person who has access understands who can and cannot ride along.