CDL Licensing & Endorsement Violations Guide: FMCSA Part 383

CDL licensing and endorsement violations remain one of the most frequently cited issues under FMCSA’s regulatory framework. According to 49 CFR Part 383, every CDL driver must hold the correct license class, proper endorsements, and a valid, non-downgraded CDL before operating any commercial motor vehicle.

These violations are damaging because they reveal that a carrier failed to ensure a driver’s legal qualifications before dispatching them. Even one driver operating with the wrong license type can trigger fines, roadside out-of-service orders, and immediate red flags during DOT audits.

Licensing requirements become even more complex when drivers handle hazardous materials, tankers, passenger vehicles, or double trailers. FMCSA expects carriers to understand exactly what endorsements each vehicle and load requires. When drivers operate without the correct endorsements, the agency considers it a serious safety risk because it shows the driver is not properly trained or certified for that type of cargo or operation.

These violations also directly impact the Driver Fitness BASIC and sometimes the Unsafe Driving BASIC when coupled with improper operation. Many carriers receive violations simply because they failed to check updated MVR records, misunderstood state-specific license codes, or did not track endorsement expirations.

Operating a CMV Without the Proper CDL Class – 383.23(a)

Under 383.23(a), drivers must possess the correct CDL class (A, B, or C) for the vehicle they are operating. This is one of the most common violations because vehicle classifications can sometimes be misunderstood by carriers or drivers, especially when vehicles fall into borderline weight categories.

A CDL is required when:

• The vehicle has a GVWR or GCWR of 26,001 pounds or more
• The vehicle transports 16 or more passengers
• The vehicle transports hazardous materials requiring placarding

Class A violations usually occur when a driver pulls a combination vehicle (truck + trailer) with a GCWR above 26,001 pounds and the trailer weighs more than 10,000 pounds, but the driver only holds a Class B or C CDL.

Class B violations happen when drivers operate heavy straight trucks without the proper credentials.

Class C violations typically arise when transporting passengers or hazmat with insufficient licensing.

FMCSA treats improper license class violations as major safety concerns because driving larger or more complex vehicles requires specialized training and skills. During roadside inspections and audits, CDL class mismatches are immediately flagged, and drivers may be placed out-of-service on the spot.

Missing or Incorrect CDL Endorsements – 383.93

CDL endorsements authorize drivers to operate vehicles that require specialized skills or carry certain types of cargo. Under 383.93, drivers must hold the correct endorsement for the vehicle or load they are handling. Missing endorsements is one of the most dangerous and heavily enforced violations because unqualified drivers pose increased safety risks.

Common endorsements include:

• H – Hazardous Materials
• N – Tank Vehicles
• X – Tanker + Hazmat Combination
• P – Passenger
• S – School Bus
• T – Double/Triple Trailers

Violations often occur when:

• A driver hauls a tanker without the N endorsement
• A driver transports passengers without P or S
• A driver hauls hazmat loads requiring placards without H
• A driver pulls double trailers without T
• A driver hauls X-class loads without X

FMCSA imposes substantial fines for endorsement violations because they indicate a direct lack of required training. These violations also increase liability in the event of an accident, especially with hazardous materials or passenger transport.

During a DOT audit, investigators carefully review driver endorsements, vehicle assignments, and dispatch records. Even one incorrect assignment can trigger violations for both the driver and the carrier.

Expired, Suspended, or Downgraded CDL Violations – 383.21

A CDL must always be valid, active, and in good standing. Under 383.21, it is illegal for a driver to operate a commercial vehicle if their CDL is suspended, expired, revoked, or downgraded. This violation is more common than many carriers realize because CDL downgrades frequently occur without the driver notifying the carrier.

Common reasons for CDL downgrades include:

• Expired medical certificate
• Medical certificate not submitted to the state
• Failed vision or hearing standards
• Medical disqualification
• Unpaid child support
• DUI or criminal activity
• Failure to renew CDL on time
• State-specific administrative issues

Drivers are often unaware of downgrades until an inspection or MVR check reveals the problem. Carriers, not drivers, are held responsible if they dispatch a driver with a downgraded CDL.

During audits, FMCSA compares MVR records with carrier driver lists. If even one driver operated with a downgraded CDL, the carrier receives a violation and possible civil penalties.

Endorsement-Specific Violations (Passenger, Hazmat, Tanker, Doubles, Triples)

Endorsement-specific violations occur when drivers operate vehicles that require additional training and certification but do not hold the required CDL endorsement. Each endorsement represents a specialized skill set, and FMCSA treats these violations as high-risk because improperly trained drivers increase the likelihood of crashes and hazardous incidents.

Passenger (P) & School Bus (S) Endorsement Violations
Passenger vehicles and school buses require strict training because they involve transporting human lives. Violations occur when a driver operates:

• A bus with 16+ passengers without a P endorsement
• A school bus without S endorsement training
• A driver who lacks background checks or school bus testing

These violations often result in immediate out-of-service orders because passenger safety is a top federal priority.

Hazardous Materials (H & X) Violations
Drivers transporting placarded loads must hold the H or X endorsement. Violations include:

• Hauling placarded hazmat without an H endorsement
• Tanker-hazmat combination loads without X endorsement
• Hazmat loads transported by drivers who failed TSA background checks
• Missing recurrent hazmat testing

These violations are considered severe because they can lead to catastrophic spills or explosions.

Tanker (N) Violations
Operating a tanker without the N endorsement is extremely dangerous due to cargo surge. Common violations include transporting:

• Bulk liquids
• Fuel
• Chemicals
• Food-grade liquids

Carriers often make mistakes by assuming only large tankers require endorsement, when smaller tanks or IBC totes may also qualify.

Doubles/Triples (T) Violations
These involve operating multiple trailers without the T endorsement. Violations often occur when carriers rely on inexperienced drivers.

License Fraud or False Licensing Violations – 383.51(a)(8–10)

License fraud violations occur when a driver falsifies information to obtain a CDL or when carriers fail to verify the authenticity of a driver’s license. Under 383.51(a)(8–10), FMCSA prohibits:

• Using a fake, altered, or counterfeit CDL
• Providing false identity information
• Applying for a CDL in multiple states
• Using fraudulent documents during CDL application
• Employing drivers without fully verifying CDL validity

These violations are rare but heavily penalized. FMCSA treats them as intent-based violations, meaning they reflect deliberate misconduct rather than administrative oversight.

Common carrier-level mistakes that lead to violations:

• Failing to check MVR records from previous states of licensure
• Not verifying that the CDL is genuine
• Not running the required CDLIS records check
• Accepting photocopies or low-quality images of licenses
• Skipping annual MVR updates
• Allowing drivers to operate before full verification

In some cases, drivers attempt to hide suspensions, DUIs, medical disqualifications, or prior license downgrades by applying for a new CDL in a different state. FMCSA’s CDLIS (Commercial Driver’s License Information System) is designed to detect these issues, but carriers still bear responsibility for proper verification.

FMCSA CDL Violation Codes (Official List)

Below are the official CDL licensing and endorsement violation codes that FMCSA uses during roadside inspections, compliance reviews, and audits. These violations contribute to the Driver Fitness BASIC and can trigger enforcement actions.

Improper CDL Class Violations

• 383.23(a)(2) – Operating CMV without proper CDL class
• 383.23(b) – Operating without a CDL
• 383.21 – CDL suspended, revoked, cancelled, or downgraded

Endorsement Violations

• 383.93(b)(1) – Lacking hazardous materials endorsement
• 383.93(b)(2) – Lacking tanker endorsement
• 383.93(b)(3) – Lacking passenger endorsement
• 383.93(b)(4–5) – Lacking school bus endorsements
• 383.93(b)(6) – Lacking doubles/triples endorsement

License Fraud Violations

• 383.51(a)(8) – Fraudulently obtaining a CDL
• 383.51(a)(9) – Using altered or fraudulent license
• 383.51(a)(10) – Providing false information for CDL application

Compliance Documentation Violations

• Failing to maintain proof of endorsements
• Failure to run pre-employment MVR checks
• Failure to conduct annual MVR reviews
• Missing CDLIS check during hiring

These violation codes are used by DOT officers and auditors to assign severity weights in the CSA scoring system. Repeated violations in this category can downgrade a fleet’s safety rating and increase insurance costs.

How Fleets Can Prevent CDL Licensing & Endorsement Violations

Preventing CDL licensing and endorsement violations requires a structured compliance system that proactively verifies, tracks, and audits every driver on a continuous basis. Carriers must understand that relying on drivers to self-report license changes is not sufficient to meet FMCSA standards.

First, fleets must implement real-time MVR monitoring, not annual checks. Downgrades, suspensions, medical issues, and expired endorsements can occur at any time. Without continuous monitoring, carriers may unknowingly dispatch disqualified drivers.

Second, fleets must maintain a complete digital record of every driver’s endorsements, CDL class, and renewal dates. Dispatch teams must have instant visibility into whether a driver is fully qualified for the assigned load or vehicle type.

Third, onboarding processes must include:

• CDLIS checks
• Multi-state MVR checks
• Endorsement verification
• Authenticity review of license documents
• Hazmat background check confirmation

Fourth, carriers must integrate compliance checks into dispatch workflows. This prevents clerical mistakes where a dispatcher assigns a driver without the proper endorsement for the trip.

Finally, fleets must maintain accurate DQ files with all licensing documentation readily available for FMCSA audits.

Key Takeaways

CDL licensing and endorsement violations are some of the most costly and preventable FMCSA violations. They indicate that a carrier failed to ensure driver qualification, which directly affects safety performance and compliance ratings. Even a single incident where a driver operates without the correct CDL class or endorsement can result in out-of-service orders and significant fines.

Fleets that prioritize proper licensing and endorsement verification reduce their safety risks, avoid violations, and maintain stronger CSA scores. With the right systems in place, CDL compliance becomes effortless and audit-ready at all times.

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