§17E-1-6 Employer responsibilities. - West Virginia Statutes

§17E-1-6. Employer responsibilities.
(a) Each employer must require the applicant to provide the information specified in section five of this article.

(b) No employer may knowingly allow, permit, require or authorize a driver to drive a commercial motor vehicle during any period:

(1) In which the driver has a driver's license suspended, revoked or canceled by a state; has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle; or

(2) In which the driver has more than one driver's license at one time.

(3) During any period in which the driver, or the commercial motor vehicle he or she is driving or the motor carrier operation, is subject to an out-of-service order; or

(4) In violation of federal, state or local law or regulation pertaining to railroad highway grade crossings; or

(5) During any period the driver is in violation of any provision of 49 C.F.R., Part §382 related to controlled substances and alcohol use and testing.

(c) The division shall impose a civil penalty, in addition to any penalty required under the provisions of section twenty-five of this article, on any employer who knowingly allows, permits, requires or authorizes a driver to drive a commercial motor vehicle in violation of subdivision (3) or (4) of subsection (b) of this section.

(1) If the conviction is for a violation of subdivision (3) of subsection (b) of this section, the penalty shall be two thousand, seven hundred-fifty dollars.

(2) If the conviction is for a violation of subdivision (4) of subsection (b) of this section, the penalty shall be no more than ten thousand dollars.