§31304 — Title 49 Transportation | U.S. Code

Summary

Employers must not let a person drive a commercial motor vehicle in the United States if they know or should reasonably know the person’s commercial license has been revoked, suspended, canceled, the person lost the right to drive commercial vehicles, or the person is disqualified. Employers also must not allow someone who has more than one driver’s license to drive, except as allowed under section 31302. Employers must check each driver’s record at least once every 12 months by asking the State agency where the driver held or holds a commercial license, by getting automatic reports from approved driver record notification systems, or by using both. Copies of those reports must stay in the driver’s qualification file. The check rule does not apply for drivers who work for more than one employer in any 7-day period if the employer gets the driver’s license ID number, type, and issuing State, or if another employer provides that information and the regular employer follows the other requirements. A driver record notification system is an automatic service that sends employers State agency reports when a driver’s license status changes because of convictions, failures to appear, accidents, suspensions, revocations, or other actions.

Title 49, §31304

Transportation — Source: USLM XML via OLRC

(a)An employer may not allow an employee to operate a commercial motor vehicle in the United States during a period that the employer knows or should reasonably know that the employee—

(1)has a driver’s license revoked, suspended, or canceled by a State, has lost the right to operate a commercial motor vehicle in a State, or has been disqualified from operating a commercial motor vehicle; or

(2)has more than one driver’s license (except as allowed under section 31302 of this title).

(b)(1)Except as provided in paragraph (3), an employer shall ascertain the driving record of each driver it employs—

(A)by making an inquiry at least once every 12 months to the appropriate State agency in which the driver held or holds a commercial driver’s license or permit during such time period;

(B)by receiving occurrence-based reports of changes in the status of a driver’s record from 1 or more driver record notification systems that meet minimum standards issued by the Secretary; or

(C)by a combination of inquiries to States and reports from driver record notification systems.

(2)A copy of the reports received under paragraph (1) shall be maintained in the driver’s qualification file.

(3)Paragraph (1) shall not apply to a driver employed by an employer who, in any 7-day period, is employed or used as a driver by more than 1 employer—

(A)if the employer obtains the driver’s identification number, type, and issuing State of the driver’s commercial motor vehicle license; or

(B)if the information described in subparagraph (A) is furnished by another employer and the employer that regularly employs the driver meets the other requirements under this section.

(4)In this section, the term “driver record notification system” means a system that automatically furnishes an employer with a report, generated by the appropriate agency of a State, on the change in the status of an employee’s driver’s license due to a conviction for a moving violation, a failure to appear, an accident, driver’s license suspension, driver’s license revocation, or any other action taken against the driving privilege.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3130449 App.:2703.Oct. 27, 1986, Pub. L. 99–570, § 12004, 100 Stat. 3207–171. In this section, before clause (1), the words “Effective July 1, 1987” are omitted as executed. The words “permit, or authorize” are omitted as surplus. Clause (2) is substituted for 49 App.:2703(2) to eliminate unnecessary words.

Editorial Notes

Amendments

2012—Pub. L. 112–141, § 32303(a), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Subsec. (a). Pub. L. 112–141, § 32307, in introductory provisions, struck out “knowingly” before “allow an employee” and substituted “that the employer knows or should reasonably know that” for “in which”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. Standards for Driver Record Notification Systems Pub. L. 112–141, div. C, title II, § 32303(b), July 6, 2012, 126 Stat. 791, provided that: “Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall issue minimum standards for driver notification systems, including standards for the accuracy, consistency, and completeness of the information provided.”

§31304 Employer responsibilities