---
kind: "section"
citation: "49 C.F.R. § 380.113"
title: "49"
number: "380.113"
heading: "Employer responsibilities."
url: "https://uscodex.org/cfr/49/380.113"
---

# §380.113. Employer responsibilities.

- (a) **No motor carrier shall—**
  - (1) Allow, require, permit or authorize an individual to operate an LCV unless he/she meets the requirements in §§ [380.203](/cfr/49/380.203.md) or [380.205](/cfr/49/380.205.md) and has been issued the LCV driver-training certificate described in [§ 380.401](/cfr/49/380.401.md). This provision does not apply to individuals who are eligible for the substitute for driver training provision in [§ 380.111](/cfr/49/380.111.md).
  - (2) Allow, require, permit, or authorize an individual to operate an LCV which the LCV driver-training certificate, CDL, and CDL endorsement(s) do not authorize the driver to operate. This provision applies to individuals employed by or under contract to the motor carrier.
- (b) A motor carrier that employs or has under contract LCV drivers shall provide evidence of the certifications required by [§ 380.401](/cfr/49/380.401.md) or [§ 380.111](/cfr/49/380.111.md) of this part when requested by an authorized FMCSA, State, or local official in the course of a compliance review.

## Notes

### Authority

Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, 31502; sec. 4007(a) and (b), Pub. L. 102-240, 105 Stat. 1914, 2151-2152; sec. 32304, Pub. L. 112-141, 126 Stat. 405, 791; and 49 CFR 1.87.

### Source

Source: 69 FR 16732, Mar. 30, 2004, unless otherwise noted.