Row 7: Using a driver whose CDL or CLP is disqualified, or who lost the right to drive a CMV (49 CFR 383.37(b))
Row 7 fails a new carrier that knowingly allows, requires, permits or authorizes a driver to operate a CMV while the driver's CDL or CLP is disqualified by a State, the driver has lost the right to operate a CMV in a State, or the driver is disqualified.
What the rule says
49 CFR 383.37 lists the employer's duties under the CDL rules. Paragraph (b) prohibits an employer from allowing a driver to operate a CMV 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. The standard is that the employer "knows or should reasonably know". That second phrase matters: not checking is not a defense.
How this differs from rows 6 and 8
- Row 6 is about a driver who doesn't hold a valid CDL at all, or not the right one.
- Row 7 is about a driver whose license has been disqualified by a State or who lost CMV privileges in a State, including a State other than the one that issued the license.
- Row 8 is about drivers disqualified under the federal disqualification tables in 383.51.
The physical license card can look fine while the driver's privileges are disqualified. That is why the rule focuses on what the employer knew or should have known from the driver's record.
How carriers find out
- Pre-hire MVR. An inquiry to every State where the driver held a license in the past 3 years, within 30 days of hire, placed in the driver qualification file (49 CFR 391.23).
- Annual MVR and review. At least once every 12 months, a new MVR from each licensing State and a documented review of whether the driver meets minimum requirements or is disqualified (49 CFR 391.25).
- Driver notice. A driver who receives notice that a license or privilege has been revoked, suspended or withdrawn must tell the employing carrier before the end of the next business day (49 CFR 391.15).
Many carriers add a continuous license-monitoring service between annual checks. That's optional, but a once-a-year MVR can leave months where a suspension goes unnoticed.
Records an auditor will look at
The MVRs in each driver qualification file, the note of the annual review with the reviewer's name and date (49 CFR 391.51), and logs or dispatch records for any period when a disqualification appears on the record.
How to fix it
- Pull a current MVR for every driver now and file it.
- Write a short policy: drivers must report any notice the next business day; dispatch checks status before assigning loads.
- Take any disqualified driver off CMV work immediately and document the date.
- Calendar the annual MVR and review for each driver.
If an auditor finds this violation, the audit fails. FMCSA then has up to 45 days to send written notice, and you get 60 days from the notice date to fix the problem and prove it (45 days for certain passenger and hazmat carriers) before your new entrant registration is revoked (49 CFR 385.319, 49 CFR 385.325). The overview explains the timeline.