CVSA calls for rule requiring truckers to carry written or electronic proof of authorization for passengers

The Commercial Vehicle Safety Alliance (CVSA) asked federal authorities for a new rule requiring written or electronic documentation of authorization for commercial vehicle passengers to be produced roadside for inspectors.

In a June 29 letter to the Federal Motor Carrier Safety Administration (FMCSA), the CVSA called for new rulemaking that would require drivers to carry either a paper or electronic copy of the written authorization needed to transport passengers on board a commercial vehicle.

Commercial vehicle drivers would also be required to provide the documentation at the request of enforcement officers.

CVSA Says Rule Needed To Better Detect Human Trafficking Victims

Under current federal guidelines, truck drivers must obtain written authorization from the motor carrier to transport a passenger, but they are not required to carry or produce that documentation for law enforcement.

The passenger authorization documentation is only required to be kept at motor carrier’s principal place of business under current rules.

The CVSA says that the lack of documentation makes it harder to detect human trafficking because “inspectors can have difficulty verifying whether or not a passenger found in a property-carrying CMV is authorized to be there, and therefore whether they may be the victim of human trafficking.”

CVSA Responds To Prior FMCSA Objections

The CVSA has asked FMCSA to take action on passenger documentation multiple times, but so far has not been able to convince the agency to move forward with rulemaking. CVSA used the June 29 letter to respond to FMCSA’s prior objections.

FMCSA pointed out that the passenger authorization documents can be forged.

“While it is true that documents can be falsified, this is an insufficient justification for not requiring the information roadside. In fact, the FMCSR includes dozens of requirements for documentation to be maintained and presented. For example, drivers are required to carry and produce driver’s licenses, medical certificates, bills of lading, lease agreements, load permits, etc. Each of these documents can be falsified, yet the requirement remains, as it provides an opportunity for enforcement to review and verify the document for enforcement purposes,” CVSA said.

FMCSA has also suggested that requiring documents roadside could undermine an inspector’s investigative training.

“CVSA’s members simply disagree. Inspectors are taught to conduct their inspections as investigations and rely on a number of documents and other information to enforce the FMCSR roadside. Giving the inspector an additional tool to help verify compliance would not cause those inspectors to disregard their investigative process entirely. When a driver presents a CDL roadside, the inspector does not then assume all is well and move on with their inspection. They verify that credential through a number of channels. When a driver produces their record of duty status documentation, the inspector still reviews the information and investigates, using required supporting documentation, to ensure the information is accurate. The same would apply if a letter was presented roadside. The inspector would include it as a piece of information in the investigation,” CVSA wrote.

CVSA Urges FMCSA Action On Behalf Of Roadside Inspectors

CVSA also argued that requiring roadside documentation would provide non-sworn civilian inspectors with “a clear procedural basis for their actions, protecting them professionally when they choose to probe further into a suspicious situation.”

“The roadside enforcement community has been asked by U.S. DOT and FMCSA to assist in combatting instances of human trafficking on our roadways because they are the ‘boots on the ground’ interacting with drivers every day. They are asking the agency to provide them with a tool that will assist them in that effort. CVSA strongly encourages FMCSA to move forward with a rulemaking to make the necessary changes to the FMCSR and associated guidance to require drivers to provide written or electronic documentation of authorization for passenger(s) in a CMV at the request of enforcement, in addition to the requirement that the document be kept at the motor carrier’s principal place of business,” the letter concluded.