§ 31304. Employer responsibilities

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–272 § 1(e) · 108 Stat. 745

   Enacted · 49 U.S.C. § 31304

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

   Source evidence

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

   Enacted provision · exact public law section
   Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 2012

   Commercial Motor Vehicle Safety Enhancement Act of 2012

   Pub. L. 112–141 § 32303(a) · 126 Stat. 405

   1. Amended · 49 U.S.C. § 31304

      Pub. L. 112–141, § 32303(a), designated existing provisions as subsec. (a)

   2. Inserted · 49 U.S.C. § 31304

      Pub. L. 112–141, § 32303(a), inserted heading

   3. Added · 49 U.S.C. § 31304

      Pub. L. 112–141, § 32303(a), added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 112–141, § 32303(a), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

   Enacted provision · exact public law section
   (a) In General.— Section 31304 is amended— (1) by striking “An employer” and inserting the following: “(a) In General.— An employer” ; and (2) by adding at the end the following: “(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.” .

   Effective date note
   Amendment 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.

3. 2012

   Commercial Motor Vehicle Safety Enhancement Act of 2012

   Pub. L. 112–141 § 32307 · 126 Stat. 405

   1. Struck · 49 U.S.C. § 31304(a)

      Pub. L. 112–141, § 32307, in introductory provisions, struck out “knowingly” before “allow an employee”

   2. Substituted · 49 U.S.C. § 31304(a)

      Pub. L. 112–141, § 32307, in introductory provisions, substituted “that the employer knows or should reasonably know that” for “in which”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   SEC. 32307. EMPLOYER RESPONSIBILITIES.   Section 31304, as amended by section 32303 of this Act, is amended in subsection (a)— (1) by striking “knowingly”; and (2) by striking “in which” and inserting “that the employer knows or should reasonably know that”.

   Effective date note
   Amendment 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.

6 of 6 references resolved to an enrolled provision