What does 49 CFR 392.15 (Prohibited driving status) require?
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Short answer
No driver who holds a commercial learner's permit or a commercial driver's license shall operate a commercial motor vehicle if prohibited by 382.501(a) of this subchapter.
The rule says
"No driver, who holds a commercial learner's permit or a commercial driver's license, shall operate a commercial motor vehicle if prohibited by 382.501(a) of this subchapter." (49 CFR 392.15)
In plain English
This rule means that a driver cannot operate a commercial motor vehicle if their commercial driving privilege has been removed, typically due to a violation of subpart B of part 382, such as a positive drug or alcohol test. The Federal Motor Carrier Safety Administration (FMCSA) takes these violations seriously, and drivers who are prohibited from driving must not be allowed to operate a commercial motor vehicle. In a real-world scenario, this means that motor carriers must ensure they are not assigning driving tasks to drivers who are prohibited from driving due to a violation.
What to do
- Verify the driver's commercial driving status before assigning them to operate a commercial motor vehicle.
- Check the driver's record for any violations that may have resulted in a prohibition from driving.
- Ensure that drivers who are prohibited from driving are not allowed to operate a commercial motor vehicle.
- Review and comply with the requirements of 49 CFR 382.501(a) to determine when a driver is prohibited from driving.
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