§ 383.37 Employer responsibilities.
Current wording, effective November 17, 2023.
No employer shallmay knowingly allow, require, permit, or authorize ana employeedriver to operate a commercialCMV motor vehicle in the United States duringif anythe period—employer
(a)Inknows whichor should reasonably know that any of the employeefollowing hascircumstances exist:
(a) commercialDuring motorany vehicleperiod driver'sin licensewhich suspended,the revoked,driver ordoes cancelednot byhave a State,current hasCLP lostor theCDL rightor todoes operatenot have a commercialCLP motoror vehicleCDL inwith athe State,proper class or hasendorsements. beenAn disqualifiedemployer frommay operatingnot use a commercialdriver motorto vehicle;operate
(b)Ina whichCMV thewho employeeviolates hasany morerestriction thanon onethe commercial motor vehicle driver's license,CLP exceptor duringCDL.
(b) theDuring 10-dayany period beginningin onwhich the datedriver suchhas employee is issued a driver'sCLP licenseor andCDL except,disqualified wheneverby a State, lawhas enactedlost onthe orright beforeto Juneoperate 1,a 1986,CMV requiresin sucha employeeState, toor havehas morebeen thandisqualified onefrom driver'soperating licensea CMV.
(c) TheDuring secondany exceptionperiod shallin notwhich bethe effectivedriver afterhas Decembermore 31,than 1989;one CLP or CDL.
(cd) InDuring any period in which the employeedriver, or the motorCMV vehiclethe he/shedriver is drivingoperating, or the motor carrier operation, is subject to an out-of-service order.[52(e) FRIn 20587,violation Juneof 1a Federal, 1987;State, 52or local law or regulation pertaining to railroad-highway grade crossings.
[76 FR 3292626879, Sept.May 19, 19872011, as amended at 5978 FR 2602860231, MayOct. 181, 19942013; 88 FR 80181, Nov. 17, 2023]
No employer may allow, require, permit, or authorize a driver to operate a CMV in the United States if the employer knows or should reasonably know that any of the following circumstances exist:
(a) During any period in which the driver does not have a current CLP or CDL or does not have a CLP or CDL with the proper class or endorsements. An employer may not use a driver to operate a CMV who violates any restriction on the driver's CLP or CDL.
(b) 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.
(c) During any period in which the driver has more than one CLP or CDL.
(d) During any period in which the driver, or the CMV the driver is operating, or the motor carrier operation, is subject to an out-of-service order.
(e) In violation of a Federal, State, or local law or regulation pertaining to railroad-highway grade crossings.
[76 FR 26879, May 9, 2011, as amended at 78 FR 60231, Oct. 1, 2013; 88 FR 80181, Nov. 17, 2023]
Amendment history
5 distinct wordings on file since Oct. 1, 1996- [76 FR 26879, May 9, 2011, as amended at 78 FR 60231, Oct. 1, 2013; 88 FR 80181, Nov. 17, 2023]
- [76 FR 26879, May 9, 2011, as amended at 78 FR 60231, Oct. 1, 2013]
- [76 FR 26879, May 9, 2011]
- [64 FR 48110, Sept. 2, 1999]
- Oct. 1, 1996 → Oct. 1, 1999annual editions 1996–1998[52 FR 20587, June 1, 1987; 52 FR 32926, Sept. 1, 1987, as amended at 59 FR 26028, May 18, 1994]
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.