---
kind: "section"
citation: "49 C.F.R. § 380.305"
title: "49"
number: "380.305"
heading: "Employer responsibilities."
url: "https://uscodex.org/cfr/49/380.305"
---

# §380.305. Employer responsibilities.

- (a) **No motor carrier shall—**
  - (1) Knowingly allow, require, permit or authorize a driver-instructor in its employ, or under contract to the motor carrier, to provide LCV driver training unless such person is a qualified LCV driver-instructor under the requirements of this subpart; or
  - (2) **Contract with a training institution to provide LCV driver training unless the institution—**
    - (i) Uses instructors who are qualified LCV driver-instructors under the requirements of this subpart;
    - (ii) Is accredited by an accrediting institution recognized by the U.S. Department of Education;
    - (iii) Is in compliance with all applicable State training school requirements; and
    - (iv) Identifies drivers certified under [§ 380.401](/cfr/49/380.401.md) of this part, when requested by employers and/or an authorized FMCSA, State, or local official in the course of a compliance review.
- (b) A motor carrier that employs or has under contract qualified LCV driver-instructors shall provide evidence of the certifications required by [§ 380.301](/cfr/49/380.301.md) or [§ 380.303](/cfr/49/380.303.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.