Driver (CDL) - FMCSR Part 383

HAZMAT driver training and requirements can be found primarily in §383 and §390-§397 of the FMCSR. Part 383, titled Commercial driver's license standards; requirements and penalties, lists the requirements that drivers must have when operating a commercial motor vehicle (CMV) and disqualifies those who drive them unsafely. A commercial motor vehicle means any self-propelled or towed motor vehicle used on highway and interstate commerce to transport passengers or property when the vehicle:

• Has a gross vehicle or combination of 4,536 kg (10,001 lbs) or more, whichever is greater
• Is designed or used to transport more than 8 passengers (including the driver) for compensation
• Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation
• Is used in transporting hazardous material in a quantity requiring placarding

Rules in Part 383 apply to drivers involved in interstate, intrastate, or foreign commerce. Part 383 is boiled down to 10 subparts, listed alphabetically, A-J.

Rules in Parts 390-397 are applicable to all employers and employees that transport passengers in interstate commerce.

Part 383 addresses specific and general requirements for drivers, employers, and the State. It addresses the single license requirement, which states that no person who operates a CMV is allowed to have more than one CDL; however, a commercial learner's permit (CLP) may be permitted under certain conditions as listed in §383.25.

CMVs do not apply to active duty military drivers but do apply to government civilian employees.

There are also notification requirements and employer responsibilities that include employer notification of past and current suspensions and convictions that must be made in writing and contain:

• Driver's full name
• Driver's license number
• Date of conviction
• Specific violation
• Whether violation occurred in a commercial motor vehicle
• Location of offense
• Driver's signature

Testing and licensing procedures include driver application and certification procedures, license renewal and upgrades, implied consent to alcohol testing, State procedures, penalties for false information, third party testing, substitute for driving skills tests for drivers with military CMV experience, and out-of-State skills testing for drivers.

Necessary endorsement tests must be passed if an operator wishes to drive the following:

• Double or triple trailers
• Passenger vehicles
• Tank vehicles
• School buses
• Hazardous materials

The Transportation Security Administration must approve all hazardous materials endorsements issuances for CDL holders. Failure to pass the endorsement test leads to restrictions on a driver to operate any of these motor vehicles.

Skills and knowledge for CMV operators include topics such as:

• Safe regulations operations
• Safe vehicle control
• Systems backing
• Visual search
• Communication
• Shifting
• Night characteristics
• Emergency procedures

Table 1-4 of §383.51 states specific incidents and their consequences, from first and subsequent violations to major offenses and employee and employer penalties, that may lead to disqualifications of both CLP and CDL drivers.

There are necessary requirements to be met so that CDL and CLP can easily be distinguished from one another. At a minimum the CDL and CLP must adhere to the specifications stated in §383.153.

To learn more about CDL HAZMAT Transportation visit our DOT Driver (CDL) HAZMAT Transportation Online Training web page.