Designated employer representative (DER)

Scope

These requirements apply to a motor carrier that operates a commercial motor vehicle (CMV) requiring the driver to possess a commercial driver’s license (CDL) in interstate, intrastate, or foreign commerce.

Regulatory citations

• 49 CFR 382.107 — Definitions
• 49 CFR 40.3 — What do the terms in this regulation mean?

Key definitions

• Commercial driver’s license (CDL): A license issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383, to an individual which authorizes the individual to operate a class of a commercial motor vehicle.
• Commercial motor vehicle (CMV): A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a:
  • Combination Vehicle (Group A) — Having a gross combination weight rating (GCWR) or gross combination weight (GCW) of 26,001 pounds or more, whichever is greater. The towed unit(s) must have a gross vehicle weight rating (GVWR) or gross vehicle weight (GVW) of more than 10,000 pounds, whichever is greater; or
  • Heavy Straight Vehicle (Group B) — Having a GVWR or GVW of 26,001 pounds or more, whichever is greater; or
  • Small Vehicle (Group C) — Does not meet Group A or B requirements but is either:
    • Designed to transport 16 or more passengers, including the driver; or
    • Of any size and is used in the transportation of hazardous materials as defined in 383.5.

• Designated employer representative (DER): An individual identified by an employer as able to receive communications and test results from service agents.

Summary of requirements

A DER is authorized to:

• Take immediate action to remove a driver from safety-sensitive duties or cause a driver to be removed from these covered duties, and
• Make required decisions in the testing and evaluation process.

The DER must be an employee. Service agents cannot serve as DERs.