What does 49 CFR 383.37 (Employer responsibilities) require?

Short answer

49 CFR 383.37 requires employers to not allow, require, permit, or authorize a driver to operate a CMV if the employer knows or should reasonably know that certain circumstances exist, including the driver not having a current CLP or CDL, or the driver being subject to an out-of-service order.

The rule says

"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." (49 CFR 383.37)

1. "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." (49 CFR 383.37)

2. "During any period in which the driver has more than one CLP or CDL." (49 CFR 383.37)

3. "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." (49 CFR 383.37)

In plain English

This rule means that employers have a responsibility to ensure their drivers are qualified and authorized to operate a CMV. If an employer knows or should know that a driver doesn't have the proper credentials or is subject to an out-of-service order, they cannot let that driver operate a CMV. Employers must verify their drivers' qualifications and status before allowing them to drive.

What to do

• Verify drivers' CLP or CDL status and ensure they have the proper class or endorsements.
• Check for any out-of-service orders or disqualifications before assigning a driver to operate a CMV.
• Ensure drivers are not operating a CMV in violation of any Federal, State, or local law or regulation.
• Keep records of driver qualifications and status to demonstrate compliance with 49 CFR 383.37.