What 392.60A means in plain language
FMCSR 392.60A prohibits carrying unauthorized passengers in a commercial motor vehicle. In practice, this means anyone riding in your CMV who is not a qualified driver, crew member, or someone explicitly authorized by your carrier's safety policies is considered an unauthorized passenger.
This includes hitchhikers, family members, friends, or any rider who does not have a legitimate business reason to be on board. The regulation exists to keep the focus on safe operation and to ensure that everyone in the vehicle has proper documentation and safety briefings. Inspectors cite this code when they find evidence during roadside inspections that someone unauthorized was riding along.
Unlike many other violations, this is a conduct and compliance issue rather than a mechanical failure. It does not automatically result in an out-of-service order, though it is still a serious citation that affects your compliance record and your carrier's safety metrics.
What our enforcement data actually shows
Across our 13 million+ inspection records, 392.60A is a relatively uncommon citation. All-time, we have recorded 434 citations for unauthorized passengers. In the last 12 months, that number was 283 citations, and in the last 90 days, inspectors cited it 45 times. This ranks 392.60A at #969 of 3,036 FMCSR codes by citation volume—well below the most frequently enforced violations.
The out-of-service rate for 392.60A is 0.2% all-time, meaning only 1 driver out of 434 cited was placed out of service immediately. This is dramatically lower than the all-FMCSR average OOS rate of 31.4%, indicating that inspectors treat this violation as a recordable offense but not typically as an immediate safety threat requiring vehicle removal.
Monthly trends in our data show enforcement has remained fairly steady. Over the past 12 months, citations ranged from a low of 6 in April 2025 to a peak of 41 in July 2025. The most recent month on record (March 2026) had 18 citations.
Who gets cited most
Our inspection records show the highest concentration of 392.60A citations in Texas, with 73 citations over the last 180 days and a 0.0% OOS rate. Iowa follows with 25 citations and 0 out-of-service placements. Illinois ranks third with 23 citations, though notably 1 of those resulted in an out-of-service order (4.3% rate)—the only material difference in enforcement intensity across top states.
New Mexico (8 citations) and North Carolina (3 citations) round out the top five, both with 0.0% OOS rates. The data indicates that while Texas sees far more of these citations, the severity of enforcement—as measured by out-of-service placement—is consistent across states.
At the carrier level, our data shows fleets such as MBR Logistics LLC with 4 all-time citations, and Allied Van Lines Inc with 3 citations. The remaining major carriers in our database appear with 2 citations each. This distribution suggests that unauthorized passenger violations are scattered across the industry rather than concentrated in any single fleet's operations.
How severe is this compared to similar codes
392.60A falls in the Unsafe Driving category, alongside codes like 392.2 (Operating a CMV while ill or fatigued). The contrast is striking: 392.2 itself has 1,208,164 all-time citations with a 0.8% OOS rate—nearly 2,800 times more frequent than 392.60A. Even specialized variants of 392.2, such as 392.2RG with 96,652 citations, vastly outnumber unauthorized passenger violations.
The relatively low citation volume for 392.60A, combined with its 0.2% OOS rate, places it among the least-enforced moving violations in the Unsafe Driving category. This suggests inspectors cite it opportunistically during roadside checks but do not view it as a tier-one safety priority in the way that fatigue or speeding violations are treated.
How to avoid it
The simplest way to avoid a 392.60A citation is straightforward: do not allow anyone in your cab or vehicle who is not explicitly authorized by your carrier and who does not have a direct business purpose for being on board.
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Know your carrier's passenger policy. Before you accept any ride-along passenger, confirm with dispatch or safety that the person is authorized and document it. This includes trainers, mechanics, compliance officers, and any other non-driving personnel.
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Brief all passengers before departure. Ensure any authorized rider understands safety protocols, knows where emergency equipment is, and can follow pre-trip inspection procedures if needed. An inspector may view a passenger who cannot account for their presence as unauthorized.
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Conduct thorough pre-trip inspections. Our data shows that 11 of the last 90 days of 392.60A citations occurred alongside 392.2RG (Operating a CMV while ill or fatigued), suggesting that lax inspections correlate with other compliance gaps. A full walk-around and equipment check will help you spot issues before an inspector does.
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Secure all personal belongings and extra seats. Inspectors sometimes identify unauthorized passengers by finding evidence of occupancy—sleeping blankets, extra seat adjustments, or personal effects. Keep your cab professional and documented.
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If you drive a freight-class vehicle, be extra diligent. Our data shows 151 citations on FRHT (freight) vehicles, the highest count across all vehicle makes. Freightliners and other heavy trucks see the most roadside inspections, so compliance is proportionally higher-stakes.
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Keep a manifest or log if your carrier requires ride-alongs. If inspectors ask who is in the vehicle, you should be able to explain their role and show authorization. Silence or inability to justify a passenger's presence almost guarantees a citation.