49 USC § 31304 - Employer responsibilities | Title 49 - Transportation | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 112-283. (See Public Laws for the current Congress.)

(a) In General.— 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) Driver Violation Records.—

(1) Periodic review.— 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) Record keeping.— A copy of the reports received under paragraph (1) shall be maintained in the driver’s qualification file.

(3) Exceptions to record review requirement.— 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) Driver record notification system defined.— 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.

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An employer may not knowingly allow an employee to operate a commercial motor vehicle in the United States during a period in which 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).

Source

(Pub. L. 103–272, § 1(e),July 5, 1994, 108 Stat. 1016.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
31304
49 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.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, February 6, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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Refer to the Thomas site for changes that have not yet made it into the classification tables.

49 USC	Description of Change	Session Year	Public Law	Statutes at Large
§ 31304		2012	112-141 [Sec.] 32307	126 Stat. 794
§ 31304	nt new	2012	112-141 [Sec.] 32303(b)	126 Stat. 791
§ 31304		2012	112-141 [Sec.] 32303(a)	126 Stat. 790

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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49 CFR - Title 49—Transportation

49 CFR 236 - RULES, STANDARDS, AND INSTRUCTIONS GOVERNING THE INSTALLATION, INSPECTION, MAINTENANCE, AND REPAIR OF SIGNAL AND TRAIN CONTROL SYSTEMS, DEVICES, AND APPLIANCES

49 CFR 382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

49 CFR 383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES

49 CFR 384 - STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

49 CFR 386 - RULES OF PRACTICE FOR MOTOR CARRIER, INTERMODAL EQUIPMENT PROVIDER, BROKER, FREIGHT FORWARDER, AND HAZARDOUS MATERIALS PROCEEDINGS

49 CFR 389 - RULEMAKING PROCEDURES—FEDERAL MOTOR CARRIER SAFETY REGULATIONS

49 USC § 31304 - Employer responsibilities

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