(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) 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.
(d) 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) or subsection (c) of this section.
(1) If the conviction is for a violation of subdivision (3), of subsection (b) of this section, the penalty is $2,750.
(2) If the conviction is for a violation of subdivision (4), of subsection (b) or (c) of this section, the penalty shall be no more than $25,000. Note: WV Code updated with legislation passed through the 2012 1st Special Session