What 383.25A1 means in plain language
A Commercial Learner's Permit (CLP) is a stepping stone to a full Commercial Driver's License. It allows someone to learn how to operate a commercial motor vehicle — but with a critical condition: a fully licensed, authorized CDL holder must be sitting right next to them in the cab at all times.
When you get cited for 383.25A1, it means an inspector found a learner's permit driver operating the vehicle without that required supervisor present. This isn't a gray area. The regulation is explicit: the licensed CDL holder must be there, actively present and authorized to operate the same type of vehicle. If the learner was alone, or accompanied by someone without a valid CDL, the violation is immediate.
This applies whether the vehicle was moving or stationary. The requirement travels with the permit holder every moment they're behind the wheel.
What our enforcement data actually shows
Across our 13 million inspection records, 383.25A1 carries an out-of-service rate of 99.1% — meaning 745 out of all-time citations resulted in the vehicle being placed out of service. That's 3.15 times higher than the all-FMCSR average OOS rate of 31.4%.
In the last 12 months, we recorded 453 citations for this violation. In the most recent 90 days, that number was 81 citations. This code ranks 792nd out of 3,036 FMCSR codes by total citation volume, but the enforcement pattern is unmistakable: inspectors treat this as an absolute stop-the-operation violation almost every single time.
The consistency is stark. When this violation appears, the vehicle comes out of service. There's virtually no discretion.
Who gets cited most
Our inspection records show Texas leads the nation in 383.25A1 citations over the last 180 days with 68 citations and a 98.5% out-of-service rate. Florida follows with 13 citations and a 100% OOS rate. Georgia, South Carolina, and Pennsylvania each recorded 8–9 citations, all with 100% out-of-service placement.
The enforcement pattern is consistent across these high-citation states. Whether it's Texas, Florida, or the Southeast corridor, inspectors place nearly every cited vehicle out of service immediately. There's no material variation in how strictly this rule is enforced.
How severe is this compared to similar codes
This violation sits in the Driver Fitness category alongside other credential and qualification violations. For perspective:
383.23(a)(2) (Operating a CMV with the wrong class of CDL) has generated 50,385 citations all-time with a 98.4% OOS rate — nearly 67 times the citation volume of 383.25A1, but nearly identical enforcement severity.
383.23A2-LCDLN (Operating without a valid CDL at all) shows 47,123 citations and 98.6% OOS rate — again, dramatically higher volume but the same compliance posture: immediate removal from service.
391.41(a) (Physical qualification violations, general) has 42,270 citations but only a 16.2% OOS rate. The difference is telling: missing qualifications sometimes allow continued operation pending remediation, but operating with a learner's permit and no supervisor does not.
How to avoid it
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Before any trip with a CLP holder, verify the supervising CDL holder is licensed and authorized for the same vehicle class and cargo type. Check their medical certificate status and current license status with your state's DMV.
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The supervisor must physically ride in the cab during the entire operation. Not in the truck behind, not at a truck stop waiting — in the cab, present, alert. If you plan to stop, fuel, or rest, the supervisor stays with the vehicle or the CLP holder exits it.
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Perform a pre-trip inspection checklist with both driver and supervisor present. Our data shows the most common co-occurring violations in 383.25A1 inspections involve operating while fatigued or ill (appearing in 14, 12, and 11 shared inspections respectively), and missing proof of periodic inspection (14 shared inspections). Ensuring the supervisor is present and alert reduces fatigue violations and improves documentation compliance.
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Have documentation ready. Keep proof of the supervisor's valid CDL and medical certificate in the vehicle. When inspectors ask about who was supervising, having immediate documentation prevents disputes and shows good faith.
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If you're the supervising CDL holder, understand your responsibility doesn't end at being present. Co-occurring violations show that when learner operations go wrong, they often go wrong in multiple ways simultaneously — missing brake inspection certifications, HOS record failures, and vehicle maintenance issues. Your presence as supervisor means active oversight.
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For fleet managers: Our inspection records show carriers such as MEROEM AUTO TRANSPORTATION LLC with 7 citations and KLU TRANS LLC with 6 citations have had this violation cited multiple times. If your operation involves CLP training, implement a mandatory ride-along program with documented supervisor presence on every trip, and audit compliance weekly.