3.5

What you must tell

What you must tell your employer, and when

Three duties follow the license rather than precede it, they run on three different clocks, and drivers routinely miss all three because nothing prompts them. The first is convictions. Under § 383.31, a person who operates a commercial motor vehicle, holds a commercial driver’s license, and is convicted of violating a State or local law relating to motor vehicle traffic control — in ANY type of motor vehicle, parking violations excepted — must notify their current employer. The notification must be made within 30 days after the date of conviction, and § 383.31(b) requires it in writing with specified information including the driver’s full name and license number. Note the breadth: a conviction in your own car, off duty, is reportable.

The second runs on a far shorter clock. § 383.33 requires each employee whose driver’s license is suspended, revoked or cancelled by a State, who loses the right to operate a commercial motor vehicle for any period, or who is disqualified from operating one for any period, to notify their current employer — before the end of the business day following the day they received notice. Not 30 days, and not the same day: the end of the next business day. It is the tightest deadline a driver routinely faces, and it starts from receiving notice rather than from any hearing or effective date.

The third runs the other way, at hiring. § 383.35 requires any person applying for employment as a commercial motor vehicle operator to provide specified employment history at the time of application, and requires all employers to request it from all such applicants at that same time. What must be presented is the employment history for the 10 years preceding the application, including the names and addresses of previous employers for whom the applicant operated a commercial motor vehicle. The duty is mutual — the applicant must give it and the employer must ask — which is why an employer who never asked is not a defense for an applicant who never told.

Key terms

Notification of convictionsSuspension notificationEmployment history30 days10 years