Employer responsibilities

Scope

This regulation applies to motor carriers using drivers who possess a CDL or CLP.

Regulatory citations

• 49 CFR 383.37 — Employer responsibilities

Key defintions

• 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 learner’s permit (CLP): A permit issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards in 49 CFR 383, which, when carried with a valid driver’s license issued by the same state or jurisdiction, authorizes the individual to operate a class of a commercial motor vehicle when accompanied by a holder of a valid commercial driver’s license (CDL) for purposes of behind-the-wheel training. When issued to a CDL holder, a CLP serves as authorization for accompanied behind-the-wheel training in a CMV for which the holder’s current CDL is not valid.

Summary of requirements

No employer may allow, require, permit, or authorize a driver to operate a CMV if the employer knows or should reasonably know that any of the following circumstances exist

• During any period in which the driver does not have a CLP or CDL or does not have a CLP or CDL with the proper class or endorsements;
• During any period in which the driver has a CLP or CDL disqualified by a state, has lost the right to operate a CMV in a state, or has been disqualified from operating a CMV;
• During any period in which the driver has more than one CLP or CDL;
• During any period in which the driver, or the CMV being driven, or the motor carrier operation, is subject to an out-of-service order; or
• In violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings.