353.03 EMPLOYER RESPONSIBILITIES.

   (a)   Each employer shall require the applicant to provide the information specified in West Virginia Code 17E-1-5.

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

      (1)   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;

      (2)   Has more than one driver's license at one time.

      (3)   Or the commercial motor vehicle he or she is driving or the motor carrier operation, is subject to an out-of-service order;

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

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

   (c)   No employer may require or allow a driver to operate a commercial motor vehicle while texting.
(WVaC 17E-1-6)