§383.37 — Employer responsibilities 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]
§383.37 — DOT Regulatory Guidance
Question 1: If an individual driver had two convictions for serious traffic violations while driving a CMV, and neither the FMCSA nor his/her State licensing agency took any disqualification action, does the motor carrier have any obligation under FMCSA regulations to refrain from using the driver for 60 days? If so, when does that time period begin? Guidance: No. The motor carrier's responsibility under §383.37(a) to refrain from using the driver begins only when it learns of a disqualification action imposed by FMCSA or the State agency and continues until the disqualification period set by the State or FMCSA is completed.
Question 2: Is a driver who has a CDL and has been convicted of a felony disqualified from operating a CMV under the FMCSRs? Guidance: Not necessarily. The FMCSRs do not prohibit a driver who has been convicted of a felony from operating a CMV unless the offense involved the use of a motor vehicle, either a CMV or a non-CMV. (Table 1 to §383.51(b))