{"identifier":"/us/usc/t49/s31304","title":49,"num":"\u00a7\u202f31304.","heading":"Employer responsibilities","text":"\u00a7\u202f31304.\nEmployer responsibilities\n(a)\nIn General.\u2014\nAn 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\u2014\n(1) has a driver\u2019s 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\n(2) has more than one driver\u2019s license (except as allowed under\nsection 31302 of this title\n(b)\nDriver Violation Records.\u2014\n(1)\nPeriodic review.\u2014\nExcept as provided in paragraph (3), an employer shall ascertain the driving record of each driver it employs\u2014\n(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\u2019s license or permit during such time period;\n(B) by receiving occurrence-based reports of changes in the status of a driver\u2019s record from 1 or more driver record notification systems that meet minimum standards issued by the Secretary; or\n(C) by a combination of inquiries to States and reports from driver record notification systems.\n(2)\nRecord keeping.\u2014\nA copy of the reports received under paragraph (1) shall be maintained in the driver\u2019s qualification file.\n(3)\nExceptions to record review requirement.\u2014\nParagraph (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\u2014\n(A) if the employer obtains the driver\u2019s identification number, type, and issuing State of the driver\u2019s commercial motor vehicle license; or\n(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.\n(4)\nDriver record notification system defined.\u2014\nIn this section, the term \u201cdriver record notification system\u201d 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\u2019s driver\u2019s license due to a conviction for a moving violation, a failure to appear, an accident, driver\u2019s license suspension, driver\u2019s license revocation, or any other action taken against the driving privilege.","url":"https://projectusc.org/usc/t49/s31304.html","content":[{"t":"sec","id":"/us/usc/t49/s31304","children":[{"t":"num","text":"\u00a7\u202f31304."},{"t":"heading","text":"Employer responsibilities"},{"t":"subsec","id":"/us/usc/t49/s31304/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In General.\u2014"},{"t":"chapeau","text":"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\u2014"},{"t":"para","id":"/us/usc/t49/s31304/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" has a driver\u2019s 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","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s31304/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" has more than one driver\u2019s license (except as allowed under ","children":[{"t":"ref","text":"section 31302 of this title","href":"/us/usc/t49/s31302","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s31304/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Driver Violation Records.\u2014"},{"t":"para","id":"/us/usc/t49/s31304/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Periodic review.\u2014"},{"t":"chapeau","text":"Except as provided in paragraph (3), an employer shall ascertain the driving record of each driver it employs\u2014"},{"t":"subpara","id":"/us/usc/t49/s31304/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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\u2019s license or permit during such time period;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t49/s31304/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" by receiving occurrence-based reports of changes in the status of a driver\u2019s record from 1 or more driver record notification systems that meet minimum standards issued by the Secretary; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t49/s31304/b/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" by a combination of inquiries to States and reports from driver record notification systems.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s31304/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Record keeping.\u2014"},{"t":"content","text":"A copy of the reports received under paragraph (1) shall be maintained in the driver\u2019s qualification file.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s31304/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Exceptions to record review requirement.\u2014"},{"t":"chapeau","text":"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\u2014"},{"t":"subpara","id":"/us/usc/t49/s31304/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" if the employer obtains the driver\u2019s identification number, type, and issuing State of the driver\u2019s commercial motor vehicle license; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t49/s31304/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s31304/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Driver record notification system defined.\u2014"},{"t":"content","text":"In this section, the term \u201cdriver record notification system\u201d 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\u2019s driver\u2019s license due to a conviction for a moving violation, a failure to appear, an accident, driver\u2019s license suspension, driver\u2019s license revocation, or any other action taken against the driving privilege.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}