---
kind: "section"
citation: "49 C.F.R. § 383.37"
title: "49"
number: "383.37"
heading: "Employer responsibilities."
url: "https://uscodex.org/cfr/49/383.37"
---

# §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.

## Notes

### Amendments

[76 FR 26879, May 9, 2011, as amended at 78 FR 60231, Oct. 1, 2013; 88 FR 80181, Nov. 17, 2023]

### Authority

Authority: 49 U.S.C. 521, 31136, 31301, et seq., and 31502; secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 1012(b) of Pub. L. 107-56, 115 Stat. 272, 397, sec. 4140 of Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; secs. 5401 and 7208, Pub. L. 114-94, 129 Stat. 1312, 1546, 1593 (49 U.S.C. 31305(d)), sec. 23019 of Pub. L. 117-58, 135 Stat. 429, 777; and 49 CFR 1.87.

### Source

Source: 52 FR 20587, June 1, 1987, unless otherwise noted.

### Amendments

[76 FR 26879, May 9, 2011, as amended at 78 FR 60231, Oct. 1, 2013; 88 FR 80181, Nov. 17, 2023]