Unauthorized Passenger and CSA2010

[TeamCaffee]

[FONT=&quot]§ 392.60(a) States, in part, “Unless specifically authorized in writing to do so by the motor carrier under whose authority the commercial motor vehicle is being operated, no driver shall transport any person…” One severity weight point may be assigned to the driver that violates this regulation.[/FONT]

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[FONT=&quot]FedEx Custom Critical policy forbids the carriage of an unauthorized passenger unless the appropriate passenger insurance is in place and written authorization is provided by the Safety Department.[/FONT]


Information compiled by Terry O'Connell, Field Safety Liaison

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[layoutshooter]

You guys are doing a lot of good posting on this. It is a lot of work. Does Terry have this linked anywhere?

 

[TeamCaffee]

Terry has put bits and pieces of this in the newsletter. I thought this should be shared with as many FCC contractors as possible. While many of this affects everyone there are many things that Terry has worked on that includes FCC policy.

 

[ATeam]

It is to me sad that FedEx Custom Critical prohibits passengers as they do. It's my truck. Who are they to say who I can have in it and who I cannot? I can understand a restriction when we are under load. That makes sense. But to prohibit passengers at all times without written permission seems a bit much.

I'm curious to know, has anyone ever been approved to put a passenger in the truck for non business reasons? Times I have wished we could put a passenger in the truck are rare but examples include:

1. I'd like to take my young nephews for a ride in the truck.

2. A neighbor of ours in Florida who has done us some favors would like a first-time-ever ride in a truck like ours.

3. When Arrow Trucking went under and stranded its drivers on the road just before Christmas I would have liked to have been able to give one a ride (like Panther drivers were permitted to do).

I'm not looking to do a taxi service our haul people around as a matter of course but how can I give my nephewes a ride or a friend when I tend to meet them on weekends and no one is around to give permission to put them in the truck?

Other carriers that haul the exact same freight we haul and serve the exact same customers have passenger policies that are more owner-operator friendly. Perhaps FedEx could revisit its passenger policy and match what other companies offer.

 

[ATeam]

Terry has put bits and pieces of this in the newsletter. I thought this should be shared with as many FCC contractors as possible. While many of this affects everyone there are many things that Terry has worked on that includes FCC policy.

Moderator O'Connell cannot post on his own?

 

[ATeam]

I just remembered something else about the passenger policy. This time it worked against the company because the policy was observed.

We made a delivery just after business hours at military base in the desert. A crew stayed late to unload us and quickly departed once the job was done; except one man who had to stay to take care of the final details.

It turned out that he had no car and he had missed his car pool ride into town. It also turned out that he lived just a few blocks from where we planned to go to spend the night.

This was a large base and the delivery was several miles from the main gate. Town was 10 to 20 miles from the gate (I don't recall the exact distance).

Naturally, the man asked us for a ride and we would have been delighted to give it to him but had to refuse because of the FedEx Custom Critical passenger policy.

It was after hours. Safety was closed. Other than break the rule, there was nothing we could do. Faced with that choice and realizing we risked our careers if we put an unauthorized passenger in the truck, we explained the policy to this FedEx Custom Critical customer and left the poor man alone in the desert as we drove into the setting sun.

He had access to a building and phone and told us he would call his wife who would drive out the the base to get him, clear security, be escorted to where he was and then make the return trip.

Whatever benefits the policy provides, it worked against the company that day.

 

[LDB]

I can see it on the one hand but on the other hand since we are independent contractors and not employees and we are the owner of the vehicle I don't really believe it's an enforceable rule. Yes, one would get dismissed but it would be a wrongful termination. It's a case of too many rules to cover that once in eight million three hundred forty two thousand nine hundred sixty eight never going to happen but we're going to saddle everyone with numerous rules and regulations beyond what's needed day to day.