Transportation Code § 522.072 – Employer Responsibilities (re: CDL Drivers)

Table of Contents

• Code Details
• Exact Statute Text
• Transportation Code § 522.072 Summary
• Purpose of Transportation Code § 522.072
• Real-World Example of Transportation Code § 522.072
• Related Statutes
• Case Law Interpreting Transportation Code § 522.072
• Why Transportation Code § 522.072 Matters in Personal Injury Litigation

Code Details

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE B. DRIVER’S LICENSES AND PERSONAL IDENTIFICATION CARDS

CHAPTER 522. COMMERCIAL DRIVER’S LICENSES

Exact Statute Text

Click to view the complete statute text

EMPLOYER RESPONSIBILITIES. (a) An employer may not knowingly permit a person to drive a commercial motor vehicle during a period in which:

(1) the person has been denied the privilege of driving a commercial motor vehicle;

(2) the person is disqualified from driving a commercial motor vehicle;

(3) the person, the person’s employer, or the vehicle being operated is subject to an out-of-service order in a state; or

(4) the person has more than one commercial driver’s license, except during the 10-day period beginning on the date the person is issued a driver’s license.

(b) An employer may not knowingly require a driver to operate a commercial motor vehicle in violation of a federal, state, or local law that regulates the operation of a motor vehicle at a railroad grade crossing.

(b-1) An employer who violates Subsection (a) or (b) commits an offense. An offense under this subsection is a Class B misdemeanor.

(c) In addition to any penalty imposed under this chapter, an employer who violates this section may be penalized or disqualified under 49 C.F.R. Part 383.

(d) For purposes of Subsections (a)(1)(C) and (a)(2), “commercial motor vehicle” has the meaning assigned by Section 644.001.

Transportation Code § 522.072 Summary

This section of the Texas Transportation Code outlines critical responsibilities for employers of Commercial Driver’s License (CDL) holders. It primarily prohibits employers from knowingly allowing or requiring a person to operate a commercial motor vehicle (CMV) under specific circumstances. These include situations where the driver has been denied the privilege, is disqualified from driving a CMV, or is subject to an out-of-service order. The statute also addresses instances where a driver possesses more than one CDL (with a brief exception) and prohibits employers from requiring drivers to violate laws pertaining to railroad grade crossings. Violations of these employer responsibilities are classified as a Class B misdemeanor, and employers may also face additional penalties or disqualifications under federal regulations.

Purpose of Transportation Code § 522.072

The legislative intent behind this statute is to significantly enhance public safety on Texas roadways by placing a clear burden of responsibility on employers of commercial drivers. Commercial motor vehicles, due to their size and weight, pose a greater risk of severe damage and injury in the event of an accident. This provision aims to prevent dangerous situations by ensuring that only qualified, authorized, and compliant drivers are operating these vehicles. By prohibiting employers from knowingly allowing disqualified or non-compliant drivers to get behind the wheel, the law serves as a crucial safeguard against preventable accidents. It reinforces the importance of employers’ due diligence in vetting and continuously monitoring their CDL drivers, promoting adherence to both state and federal commercial driving regulations and fostering a culture of safety within the commercial transportation industry.

Real-World Example of Transportation Code § 522.072

Imagine “Big Haul Trucking Company” has a driver named Mark. Mark recently received a notice that his Commercial Driver’s License (CDL) was temporarily disqualified due to a serious traffic violation he committed in his personal vehicle. Big Haul’s dispatch manager, Sarah, was informed of Mark’s disqualification via an email alert from the state driver’s license system. Despite knowing about Mark’s disqualified status, Sarah, facing a tight deadline to deliver a high-value load, knowingly assigns Mark to drive a commercial eighteen-wheeler across the state. If Mark were to be stopped by law enforcement or, worse, involved in an accident while operating the commercial vehicle during his disqualified period, Big Haul Trucking Company, through Sarah’s actions, would be in direct violation of Transportation Code § 522.072. The company could face a Class B misdemeanor charge, in addition to potential federal penalties and significant civil liability if an accident occurred.

Related Statutes

Several other statutes in Texas and federal law are closely related to Transportation Code § 522.072 and provide context for commercial driver responsibilities and employer obligations:

• Transportation Code Chapter 522 (Commercial Driver’s Licenses): This entire chapter governs the issuance, regulation, and enforcement of CDLs in Texas, establishing the framework within which Section 522.072 operates.
• Transportation Code § 644.001 (Definitions for Motor Carrier Safety Laws): This section is directly referenced by § 522.072(d) for the definition of “commercial motor vehicle,” which is crucial for determining the scope of the employer’s responsibilities.
• Federal Motor Carrier Safety Regulations (49 C.F.R. Part 383 – Commercial Driver’s License Standards; Requirements and Penalties): This federal regulation is explicitly mentioned in § 522.072(c) and sets national standards for CDLs, including qualifications, disqualifications, and employer responsibilities. Texas law often mirrors or incorporates federal requirements in this area.
• Texas Penal Code § 12.22 (Class B Misdemeanor Punishment): This statute defines the general punishment for a Class B misdemeanor, which is the offense level for violating subsections (a) or (b) of § 522.072.
• Transportation Code Chapter 644 (Motor Carrier Safety Laws): This broader chapter encompasses general safety regulations for motor carriers in Texas, providing further rules that employers must follow to ensure safe commercial vehicle operation.

Case Law Interpreting Transportation Code § 522.072

As of the current understanding, direct published case law specifically interpreting the nuances or challenging the wording of Transportation Code § 522.072 appears to be limited in Texas appellate courts. The statute’s language is generally regarded as straightforward regarding the employer’s responsibility not to knowingly permit or require certain actions by CDL drivers. Violations of this statute are more commonly addressed at the enforcement level as misdemeanor offenses or become a basis for establishing negligence *per se* in civil personal injury litigation, rather than being the subject of extensive legal interpretation in reported opinions.

Why Transportation Code § 522.072 Matters in Personal Injury Litigation

Transportation Code § 522.072 plays a profoundly significant role in personal injury litigation involving commercial motor vehicles and their drivers. When a collision occurs with a large truck, the injuries can be catastrophic, and identifying all liable parties is crucial. This statute directly impacts the legal arguments for both plaintiffs and defendants:

• Establishing Employer Negligence: For plaintiffs, a violation of this statute can be a powerful tool to prove negligence on the part of the trucking company or employer. If an employer knowingly allowed a disqualified driver, a driver subject to an out-of-service order, or a driver with multiple CDLs to operate a commercial vehicle, and that driver subsequently causes an accident, the employer’s actions (or inactions) represent a clear breach of a statutory duty. This can form the basis of a “negligence per se” argument, meaning the employer’s violation of the law is considered automatic proof of negligence.
• Direct Liability of the Employer: This statute establishes a direct duty for employers, separate from the driver’s actions. It means the employer can be held liable not just vicariously for their driver’s negligence, but directly for their own failure to comply with the law. This can expand the scope of liability and potential damages.
• Enhanced Damages: Evidence that an employer knowingly disregarded safety regulations, particularly those designed to prevent dangerous drivers from operating CMVs, can lead to claims for gross negligence or punitive damages. These types of damages are intended to punish egregious behavior and deter similar conduct in the future, often resulting in substantially higher awards for injured plaintiffs.
• Discovery and Evidence: Attorneys representing injured parties will thoroughly investigate whether the employer conducted proper background checks, monitored driver qualifications, and adhered to all federal and state CDL regulations. Evidence of a violation of § 522.072, such as emails, dispatch records, or driver qualification files showing employer knowledge of a disqualification, would be critical in building a strong case.
• Defense Strategy: For employers and their legal teams, understanding this statute is paramount. A robust defense will involve demonstrating that the employer exercised due diligence, was unaware of any disqualification or out-of-service order, or that any violation did not contribute to the accident. Proving a lack of “knowing permission” or “knowing requirement” is central to avoiding liability under this section.

In essence, Transportation Code § 522.072 serves as a cornerstone for accountability in the commercial trucking industry, ensuring that employers share in the responsibility for the safety of the public and face significant legal consequences when they fail to uphold these critical duties.