49 U.S.C. § 31302 — Commercial driver’s license requirement

Page 891 TITLE 49—TRANSPORTATION § 31303 128 Stat. 1844; Pub. L. 114–21, title I, § 1102(g), May 29, 2015, 129 Stat. 222; Pub. L. 114–41, title I, § 1102(g), July 31, 2015, 129 Stat. 449; Pub. L. 114–73, title I, § 1102(g), Oct. 29, 2015, 129 Stat. 572; Pub. L. 114–87, title I, § 1102(g), Nov. 20, 2015, 129 Stat. 681; Pub. L. 114–94, div. A, title V, § 5105(e), Dec. 4, 2015, 129 Stat. 1529, which es- tablished a grant program for persons to train opera- tors of commercial motor vehicles, was repealed by Pub. L. 114–94, div. A, title V, § 5101(e)(7), Dec. 4, 2015, 129 Stat. 1525, effective Oct. 1, 2016. CDL TASK FORCE Pub. L. 109–59, title IV, § 4135, Aug. 10, 2005, 119 Stat. 1744, provided that: ‘‘(a) IN GENERAL.—The Secretary [of Transportation] shall convene a task force to study and address current impediments and foreseeable challenges to the com- mercial driver’s license program’s effectiveness and measures needed to realize the full safety potential of the commercial driver’s license program, including such issues as— ‘‘(1) State enforcement practices; ‘‘(2) operational procedures to detect and deter fraud; ‘‘(3) needed improvements for seamless information sharing between States; ‘‘(4) effective methods for accurately sharing elec- tronic data between States; ‘‘(5) adequate proof of citizenship; ‘‘(6) updated technology; and ‘‘(7) timely notification from judicial bodies con- cerning traffic and criminal convictions of commer- cial driver’s license holders. ‘‘(b) MEMBERSHIP.—Members of the task force should include State motor vehicle administrators, organiza- tions representing government agencies or officials, members of the Judicial Conference, representatives of the trucking industry, representatives of labor organi- zations, safety advocates, and other significant stake- holders. ‘‘(c) REPORT.—Not later than 2 years after the date of enactment of this Act [Aug. 10, 2005], the Secretary, on behalf of the task force, shall complete a report of the task forces [sic] findings and recommendations for leg- islative, regulatory, and enforcement changes to im- prove the commercial drivers [sic] license program and submit such the [sic] report to the Committee on Com- merce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. ‘‘(d) FUNDING.—From the funds amounts made avail- able by section 4101(c)(1) [119 Stat. 1715], $200,000 shall be available for each of fiscal years 2006 and 2007 to carry out this section.’’ EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL MOTOR VEHICLES AND THEIR OPERATORS For provisions relating to waiver of requirements of this chapter with respect to vehicles used for snow or ice removal, see section 229(a)(5) of Pub. L. 106–159, set out as a note under section 31136 of this title. § 31302. Commercial driver’s license requirement No individual shall operate a commercial motor vehicle without a valid commercial driv- er’s license issued in accordance with section 31308. An individual operating a commercial motor vehicle may have only one driver’s li- cense at any time and may have only one learn- er’s permit at any time. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1015; Pub. L. 105–178, title IV, § 4011(b)(1), June 9, 1998, 112 Stat. 407; Pub. L. 109–59, title IV, § 4122(1), Aug. 10, 2005, 119 Stat. 1734.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31302 .......... 49 App.:2701. Oct. 27, 1986, Pub. L. 99–570, § 12002, 100 Stat. 3207–170. The words ‘‘Effective July 1, 1987’’ are omitted as exe- cuted. The words after ‘‘issued a driver’s license’’ are omitted as expired. Editorial Notes AMENDMENTS 2005—Pub. L. 109–59 inserted ‘‘and may have only one learner’s permit at any time’’ before period at end. 1998—Pub. L. 105–178 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘An individual operating a commercial motor ve- hicle may have only one driver’s license at any time, except during the 10-day period beginning on the date the individual is issued a driver’s license.’’ § 31303. Notification requirements (a) VIOLATIONS.—An individual operating a commercial motor vehicle, having a driver’s li- cense issued by a State, and violating a State or local law on motor vehicle traffic control (ex- cept a parking violation) shall notify the indi- vidual’s employer of the violation. If the viola- tion occurred in a State other than the issuing State, the individual also shall notify a State of- ficial designated by the issuing State. The noti- fications required by this subsection shall be made not later than 30 days after the date the individual is found to have committed the viola- tion. (b) REVOCATIONS, SUSPENSIONS, AND CANCELLA- TIONS.—An employee who has a driver’s license revoked, suspended, or canceled by a State, who loses the right to operate a commercial motor vehicle in a State for any period, or who is dis- qualified from operating a commercial motor vehicle for any period, shall notify the employ- ee’s employer of the action not later than 30 days after the date of the action. (c) PREVIOUS EMPLOYMENT.—(1) Subject to paragraph (2) of this subsection, an individual applying for employment as an operator of a commercial motor vehicle shall notify the pro- spective employer, at the time of the applica- tion, of any previous employment as an operator of a commercial motor vehicle. (2) The Secretary of Transportation shall pre- scribe by regulation the period for which notice of previous employment must be given under paragraph (1) of this subsection. However, the period may not be less than the 10-year period ending on the date of the application. (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) 31303 .......... 49 App.:2702. Oct. 27, 1986, Pub. L. 99–570, § 12003, 100 Stat. 3207–171. In this section, the words ‘‘Effective July 1, 1987’’ are omitted as executed. In subsection (c)(1), the words ‘‘operates a commer- cial motor vehicle and’’ and ‘‘with an employer’’ are omitted as surplus.