In short
Act 78 of June 17, 1955 prohibits driving or transporting passengers, for pay or free of charge, in motor vehicles that by their structure were not expressly designed for such driving or transport, specifically including heavy motor vehicles, commercial vehicles and trailers. The prohibition has three exceptions and all are narrow: it does not apply to workers engaged in loading and unloading, who must travel beside the driver in the vehicle’s cab; nor to the emergency transport of injured persons in order to receive necessary medical care; nor to the transport, in that same cab, of the vehicle’s owner or their family members. The Public Service Commission is authorized to grant special permits and to establish, subject to the Governor’s approval, the pertinent regulation for driving or transporting persons in commercial or heavy vehicles for agricultural, industrial, commercial or other purposes deemed justified, and may delegate the granting of special permits to Police district commanders. When workers are transported in heavy or commercial vehicles the employer does not own or control, those vehicles must be insured by their owners or operators against all classes of risk for the benefit of the workers carried. The law also applies to the Government, its agencies and instrumentalities and to municipal governments. Violating it is a misdemeanor.
What is it?
It is the general prohibition on carrying people in a vehicle that was not designed to carry people. The key phrase is “by their structure were not expressly designed,” and the law clarifies that whether you charge or do it for free makes no difference: the prohibition covers both.
Who can do it?
It applies to anyone driving or transporting passengers under those conditions, and expressly to the Government of Puerto Rico, its agencies and instrumentalities and to municipal governments. The exceptions benefit loading and unloading workers riding in the cab, injured persons transported in an emergency, and the vehicle’s owner or their family members riding in that cab.
Requirements
- That the motor vehicle, by its structure, was not expressly designed for the driving or transport of passengers.Verified against the official source
Documents you need
Information pending verification.
Cost
Step by step
Step 1: Doing it for free does not make it legal
The law closes that exit in its first line: driving or transporting passengers is prohibited “for pay or free of charge.” The argument that nothing was charged changes nothing under this statute.
Step 2: Read the exceptions closely: they say “cab”
Two of the three exceptions do not authorize riding in the back, but in the front. The workers one says it does not apply “to workers engaged in loading and unloading, who must travel, beside the driver, in the vehicle’s cab.” The owner one says “nor to the transport, in that same cab, of the vehicle’s owner or their family members.” The cab is where the driver sits.
Step 3: The emergency exception is for injured persons
It is narrowly drawn: the prohibition does not apply “to the transport, in an emergency, of injured persons, in order to receive the necessary medical care.” It is an exception for moving an injured person to medical care, not a general exception for being in a hurry.
Step 4: If it is for work, there is a permit route
The Public Service Commission is authorized to grant special permits and to establish, subject to the Governor’s approval, the pertinent regulation for driving or transporting persons in commercial or heavy vehicles for agricultural, industrial, commercial or other purposes deemed justified. The Commission may delegate granting those permits to Puerto Rico Police district commanders, provided the applicant and the vehicle meet the requirements of the regulations.
Step 5: Insurance for transported workers
This paragraph is the one that matters to a worker: where workers are driven or transported in heavy motor vehicles or commercial vehicles the employer does not own, or over which the employer exercises no control, those vehicles must be insured by their owners or by those operating them against all classes of risk for the benefit of the workers so driven or transported, and must meet all the requirements the Public Service Commission sets.
Step 6: The Government and municipalities are not exempt
The law says it expressly: its provisions shall apply to the Government, its agencies and instrumentalities and to municipal governments. An official vehicle is not exempt for being official.
Where to do it
Special permits to transport persons in commercial or heavy vehicles for agricultural, industrial or commercial purposes are granted by the Public Service Commission, which may delegate them to Police district commanders. If what you need is a claim after a crash, those are the compulsory insurance and ACAA guides. If it is a traffic ticket matter, ticket review is a separate guide.
How long it takes
What to do if something goes wrong
What this law does not say and what we did not read. Section 4 says the violation is a misdemeanor, but sets no fine amount: we will not invent one. Nor does the law define “heavy motor vehicle,” “commercial vehicle” or “trailer” on its own: it refers to Act 279 of April 5, 1946, and the compilation itself notes in brackets that this act was repealed by Act 141-1960, Sec. 13-205. We report that note as what it is — the compiler’s — and we read neither statute, so we publish no definitions of those vehicle categories. Nor did we read Act 22-2000 or any current traffic or Public Service Commission regulation, so this guide does not purport to state all of Puerto Rico traffic law on the subject, and describes no procedure, requirements or cost for the special permit. To know whether your specific situation falls within the prohibition or an exception, the source is the law and the authorities that apply it.
Common mistakes
- Believing it is enough not to charge: the law bans it for pay or free of charge.
- Reading the workers exception as permission to ride in back: it says they shall travel beside the driver in the cab.
- Reading the owner-and-family exception as permission for the bed: it also says “in that same cab.”
- Stretching the emergency exception: it is written for transporting injured persons to medical care.
- Assuming a government or municipal vehicle is exempt: the law expressly includes them.
- Transporting workers in someone else’s vehicle without the insurance the law requires for those workers’ benefit.
Frequently asked questions
Can I carry someone in my pickup bed if I do not charge them?
The law prohibits driving or transporting passengers “for pay or free of charge” in motor vehicles that by their structure were not expressly designed for such driving or transport. Being free is not an exception under this statute.
Can workers ride in back if they are loading and unloading?
The exception says the opposite of what many assume: it does not apply to workers engaged in loading and unloading, “who must travel, beside the driver, in the vehicle’s cab.”
Is there a way to get a permit?
The Public Service Commission is authorized to grant special permits and to establish, subject to the Governor’s approval, the pertinent regulation for transporting persons in commercial or heavy vehicles for agricultural, industrial, commercial or other justified purposes, and may delegate granting them to Police district commanders. We did not read that regulation, so we do not describe the procedure.
What is the penalty?
The law says any natural or legal person who violates any of its provisions, or any regulation issued under them, shall be guilty of a misdemeanor. It sets no fine amount in its text.
Official sources
These are the government pages this guide is based on.
- Departamento de Transportación y Obras Públicas (DTOP)
DTOP
bvirtualogp.pr.gov
- Department of Transportation and Public Works
DTOP
www.dtop.pr.gov
Last verified
August 24, 2026
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