FMCSR 392.60(a): Unauthorized Passenger — Q&A

No. Across our 13 million inspection records, 392.60(a) citations resulted in an out-of-service rate of just 0.1%—meaning only 1 truck was placed OOS out of 1,169 total citations on this code. This is dramatically lower than the all-FMCSR average OOS rate of 31.4%, making this one of the least likely violations to trigger an immediate roadside removal.

Not compared to similar unsafe driving violations. The data in our database shows 392.60(a) has an OOS rate of 0.1%, while the peer code 392.2 (operating while ill or fatigued) carries a 0.8% OOS rate and has accumulated 1,208,164 citations. An unauthorized passenger citation is treated as a procedural or documentation issue rather than an immediate safety threat.

First, document the inspector's findings in writing. Request a copy of the citation and the inspection report. Review what the inspector classified as 'unauthorized'—was it a non-employee, a family member, or someone without proper documentation? Contact your carrier's safety or compliance team immediately. If you believe the citation was issued in error (e.g., the passenger was authorized), you can request DataQs review through FMCSA's Roadside Data Review portal within a set timeframe.

Very rarely. Across our records, 392.60(a) generated 1,169 citations all-time, but zero citations in the last 12 months and zero in the last 90 days. This code ranks #677 out of 3,036 FMCSR codes by enforcement volume, making it one of the least common violations inspectors flag during roadside checks.

Yes. FMCSA's Roadside Data Review (DataQs) process allows you to challenge inspection findings, including unauthorized passenger citations. The outcome depends on whether the finding is factual (whether the passenger was actually on board) or documentary (whether proper authorization records exist). Submit your appeal with supporting documentation—employment letters, ride-along authorizations, or dispatch records—within the appeal window. Success rates vary; focus on clear evidence that the passenger was, in fact, authorized.

Across our inspection records, New Prime Inc (USDOT 3706) has the highest count with 7 citations, followed by Swift Transportation Co of Arizona LLC and US Xpress Inc, each with 6. Werner Enterprises Inc and SPG Transportation Inc each had 5 citations. These figures reflect all-time citations and do not indicate current compliance status—only historical enforcement patterns.

Both. Driver violations appear on your personal CSA record and your carrier's SAFER profile. An unauthorized passenger citation is typically attributed to the driver (for allowing the passenger) and the carrier (for failing to enforce ride-along policies). Your carrier's safety rating and your driving record both reflect this violation in FMCSA databases, affecting insurance costs and compliance audits.

Freightliners dominate the citation records: FRHT models account for 144 citations, and FREIGHTLIN for 85. Utility trailers (UTIL) have 65, Volvo (VOLV) 46, and Utility Dry Van trailers (GDAN) 43. This distribution reflects the prevalence of these vehicle types in the commercial fleet rather than a defect in the vehicles themselves.