---
kind: "section"
citation: "49 U.S.C. § 31304"
title: "49"
title_heading: "Transportation"
number: "31304"
heading: "Employer responsibilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/31304"
units:
  - "Subtitle VI — Motor Vehicle and Driver Programs"
  - "Part B — Commercial"
  - "Chapter 313 — Commercial Motor Vehicle Operators"
---

# §31304. Employer responsibilities

- (a) **In General.—** An [employer](/usc/49/31301.md?p=8) may not allow an [employee](/usc/49/31301.md?p=7) to operate a [commercial motor vehicle](/usc/49/31301.md?p=4) in the [United States](/usc/49/31301.md?p=15) during a period that the [employer](/usc/49/31301.md?p=8) knows or should reasonably know that the [employee](/usc/49/31301.md?p=7)—
  - (1) has a driver’s license revoked, suspended, or canceled by a [State](/usc/49/30102.md?p=a-12), has lost the right to operate a [commercial motor vehicle](/usc/49/31301.md?p=4) in a [State](/usc/49/30102.md?p=a-12), or has been disqualified from operating a [commercial motor vehicle](/usc/49/31301.md?p=4); or
  - (2) has more than one driver’s license (except as allowed under [section 31302 of this title](/usc/49/31302.md)).
- (b) **Driver Violation Records.—**
  - (1) **Periodic review.—** Except as provided in [paragraph (3)](#b-3), an [employer](/usc/49/31301.md?p=8) 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](/usc/49/30102.md?p=a-12) 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](/usc/49/30102.md?p=a-12) and reports from driver record notification systems.
  - (2) **Record keeping.—** A copy of the reports received under [paragraph (1)](#b-1) shall be maintained in the driver’s qualification file.
  - (3) **Exceptions to record review requirement.—** [Paragraph (1)](#b-1) shall not apply to a driver employed by an [employer](/usc/49/31301.md?p=8) who, in any 7-day period, is employed or used as a driver by more than 1 [employer](/usc/49/31301.md?p=8)—
    - (A) if the [employer](/usc/49/31301.md?p=8) obtains the driver’s identification number, type, and issuing [State](/usc/49/30102.md?p=a-12) of the driver’s [commercial motor vehicle](/usc/49/31301.md?p=4) license; or
    - (B) if the information described in [subparagraph (A)](#b-3-A) is furnished by another [employer](/usc/49/31301.md?p=8) and the [employer](/usc/49/31301.md?p=8) 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](/usc/49/31301.md?p=8) with a report, generated by the appropriate agency of a [State](/usc/49/30102.md?p=a-12), on the change in the status of an [employee](/usc/49/31301.md?p=7)’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.

## 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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>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.

### 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 Amendment

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.

### 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.”