- Employers who hire entry-level, interstate drivers must ensure the driver has complied with and completed training and licensing required by federal regulations; they are not required to train the drivers themselves.
- An employer who uses an entry-level driver must ensure the driver has received a training certificate containing all the information contained in 49 CFR § 380.513 from the training provider.
- Employers must ensure each entry-level driver who first began operating a commercial motor vehicle in interstate commerce that requires a CDL, after July 20, 2003, receives training required by 49 CFR § 380.503.
- 49 CFR § 380.503 sets out requirements pertaining to driver qualification, hours of service, driver wellness and whistleblower protection.
Whether training is provided by the employer or a “driving school,” student drivers should be taught the knowledge and skills necessary to pass the tests mandatory to obtain their CDL in their State of residence. Drivers may not have a CDL in more than one State. Most, if not all, training programs start with classroom instruction aimed at educating the student driver to pass the written tests required for a CDL learner’s permit, then driving time with a CDL-licensed driver or instructor that allows a student driver to develop his/her driving skills on public roads. Student drivers complete their training and receive their CDL after proving they can safely operate and maneuver a truck or tractor-trailer combination. Most commercial driver training schools train students for a Class A license, which permits the driver to operate a tractor-trailer combination weighing over 26,000 pounds.
The training provider must provide a training certificate or diploma to the entry-level driver. If an employer is the training provider, the employer must provide a training certificate or diploma to the entry-level driver. The certificate or diploma must contain the following seven items of information:
(a) Date of certificate issuance.
(b) Name of training provider.
(c) Mailing address of training provider.
(d) Name of driver.
(e) A statement that the driver has completed training in driver qualification requirements, hours of service of drivers, driver wellness, and whistle blower protection requirements substantially in accordance with the following sentence:
I certify ______________________ has completed the training requirements set forth in the Federal Motor Carrier Safety Regulations for entry-level driver training in accordance with 49 CFR § 380.503.
(f) The printed name of the person attesting that the driver has received the required training.
(g) The signature of the person attesting that the driver has received the required training.
Entry-level driver training must include instruction addressing the following four areas:
(a) Driver qualification requirements: the federal rules on medical certification, medical examination procedures, general qualifications, responsibilities and disqualifications based on various offenses, orders and loss of driving privileges.
(b) Hours of service of drivers: the limitations on driving hours, the requirement to be off-duty for certain periods of time, record of duty status preparation and exceptions, and fatigue countermeasures as a means to avoid crashes.
(c) Driver wellness: basic health maintenance including diet and exercise, and the importance of avoiding excessive use of alcohol.
(d) Whistleblower protection: the right of an employee to question the safety practices of an employer without the employee’s risk of losing a job or being subject to reprisals simply for stating a safety concern.
Written by:
William J. “Will” Maiberger, Jr.
Watts Guerra LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
Email wmaiberger@guerrallp.com
*This information is provided to supply information relating to truck and bus crashes, and should not be received as legal advice. Legal advice is only given to persons or entities with whom Watts Guerra LLP has established an attorney-client relationship. If you have a lawyer, you should consult with your own attorney, and rely upon his or her advice, rather than the information contained herein.
© Watts Guerra LLP 2015
