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e-CFR data is current as of July 2, 2020

Title 49Subtitle BChapter IIISubchapter BPart 380 → Subpart E


Title 49: Transportation
PART 380—SPECIAL TRAINING REQUIREMENTS


Subpart E—Entry-Level Driver Training Requirements Before February 7, 2020


Contents
§380.501   Applicability.
§380.502   Definitions.
§380.503   Entry-level driver training requirements.
§380.505   Proof of training.
§380.507   Driver responsibilities.
§380.509   Employer responsibilities.
§380.511   Employer recordkeeping responsibilities.
§380.513   Required information on the training certificate.

Source: 69 FR 29404, May 21, 2004, unless otherwise noted.

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§380.501   Applicability.

All entry-level drivers who drive in interstate commerce and are subject to the CDL requirements of part 383 of this chapter must comply with the rules of this subpart, except drivers who are subject to the jurisdiction of the Federal Transit Administration or who are otherwise exempt under §390.3(f) of this subchapter.

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§380.502   Definitions.

(a) The definitions in part 383 of this chapter apply to this part, except where otherwise specifically noted.

(b) As used in this subpart:

Entry-level driver is a driver with less than one year of experience operating a CMV with a CDL in interstate commerce.

Entry-level driver training is training the CDL driver receives in driver qualification requirements, hours of service of drivers, driver wellness, and whistleblower protection as appropriate to the entry-level driver's current position in addition to passing the CDL test.

[69 FR 29404, May 21, 2004, as amended at 78 FR 58479, Sept. 24, 2013]

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§380.503   Entry-level driver training requirements.

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 (part 391, subparts B and E of this subchapter).

(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 (part 395 of this subchapter). Fatigue countermeasures as a means to avoid crashes.

(c) Driver wellness. Basic health maintenance including diet and exercise. 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 (29 CFR part 1978).

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§380.505   Proof of training.

An employer who uses an entry-level driver must ensure the driver has received a training certificate containing all the information contained in §380.513 from the training provider.

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§380.507   Driver responsibilities.

Each entry-level driver must receive training required by §380.503.

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§380.509   Employer responsibilities.

(a) Each employer must ensure each entry-level driver who first began operating a CMV requiring a CDL in interstate commerce after July 20, 2003, receives training required by §380.503.

(b) Each employer must place a copy of the driver's training certificate in the driver's personnel or qualification file.

(c) All records required by this subpart shall be maintained as required by §390.31 of this subchapter and shall be made available for inspection at the employer's principal place of business within two business days after a request has been made by an authorized representative of the Federal Motor Carrier Safety Administration.

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§380.511   Employer recordkeeping responsibilities.

The employer must keep the records specified in §380.505 for as long as the employer employs the driver and for one year thereafter.

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§380.513   Required information on the training certificate.

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 whistleblower protection requirements substantially in accordance with the following sentence:

I certify __________has completed 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.

[69 FR 29404, May 21, 2004, as amended at 78 FR 58479, Sept. 24, 2013

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