Violation code383.23

§383.23

No CDL or improper class

49 CFR §383.23

At a glance

Severity
4
OOS eligible
No
BASIC category
Driver Fitness
Typical fine
$2,500 driver penalty per offense; up to $10,000 carrier penalty per offense; auto-fail

No driver may operate a CMV without a valid CDL of the proper class. Severity weight 4 in Driver Fitness and a §385.321(b)(6) audit auto-fail.

§383.23 requires every CMV driver to hold a current CDL of the proper class for the vehicle being operated. Three classes: A (combination ≥26,001 lb GVWR with towed unit >10,000 lb), B (single vehicle ≥26,001 lb), C (vehicles not in A or B but carrying placardable hazmat or 16+ passengers including the driver). Endorsements layer on top: H (hazmat), N (tank), P (passenger), S (school bus), T (doubles/triples), X (combination of H and N).

Audit auto-fail

§385.321(b)(6) lists "using a driver who does not possess a valid CDL" as an audit auto-fail. §385.321(b)(7) covers the disqualified-CDL case. A single finding can convert a passing audit to a fail.

Common findings

  • Driver upgraded to a larger truck without upgrading the CDL class
  • CDL expired (track in Roadworthy HQ — §383.23 expiration alert)
  • Endorsements not held for the cargo (tank without N, hazmat without H)
  • License downgraded to non-CDL by the state due to a medical certification lapse (§391.45/§391.41)

How to prevent it

  • Match every vehicle assignment against the driver's CDL class and endorsements.
  • Track CDL expiration with an alert at 90 / 60 / 30 / 7 days before expiry.
  • Verify the driver's medical certification status is sync'd with the state — a lapsed med cert downgrades the CDL.

How Roadworthy HQ helps

The driver record stores CDL class, endorsements, expiration, and the medical-certification sync state. The dispatch surface blocks assignment when the driver's CDL class doesn't match the vehicle assignment. Expiration alerts route to the carrier owner well before the cliff.

Related violations

Roadworthy HQ

Track this and 800 other violations automatically.

Roadside findings link to the driver and vehicle, with corrective action documented and surfaced in the audit binder.

Not legal advice · CFR is the authoritative source · SMS Appendix A publishes current severity weights