# § 31304. Employer responsibilities
**(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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**Source Credit**: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1016; Pub. L. 112–141, div. C, title II, §§ 32303(a), 32307, July 6, 2012, 126 Stat. 790, 794.)
| RevisedSection | 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 ” 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—, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Subsec. (a). , 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 Amendment
Amendment by effective , see , set out as an Effective and Termination Dates of 2012 Amendment note under , Highways.
### Standards for Driver Record Notification Systems
> “Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of
>
> , set out as Effective and Termination Dates of 2012 Amendment notes under
>
> , 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.”
, , , provided that: