The CVSA has added FMCSA Clearinghouse queries to their roadside inspection list for CDL and CLP drivers during Roadcheck 2024. During this check, inspectors will look to verify that the driver doesn’t have any violations in the DOT Clearinghouse that would prohibit them from legally operating a commercial motor vehicle.
If a violation is found, the driver will be pulled from safety-sensitive functions immediately — and any cargo being hauled will be stranded until a relief driver can be located.
Since the FMCSA Clearinghouse went into effect on January 6, 2020, all employers of CDL drivers have been required to report DOT drug and alcohol violations to the Clearinghouse. Until drivers complete the return-to-duty process, these violations will result in a “prohibited” status that enforcement officers will see during roadside inspections.
The FMCSA Clearinghouse helps keep drivers with active drug and alcohol violations off the road; it makes it easier for employers, law enforcement officials, and state licensing agencies to see if a violation exists. Suppose it does, and the return-to-duty process hasn’t been completed. In that case, the driver won’t be eligible for employment as a CDL driver, won’t be able to obtain or renew their CDL, and will be pulled from service immediately during a roadside inspection.
The only problem? There is a safety gap in the current Clearinghouse regulation that could allow prohibited drivers to continue operating for up to a year without their employer’s knowledge.
Employers are only required to run a Clearinghouse query on their drivers annually. If you recently conducted your yearly queries on all your drivers, if any of them commit a DOT drug or alcohol violation from now until next year, they may be undetected.
Undetected, that is, until they are pulled over for an inspection.
Running compliant FMCSA Clearinghouse queries on an ongoing basis can help prevent this issue. Because these queries are considered consumer reports, the Fair Credit Reporting Act (FCRA) and Privacy Act protect them. You must get a driver’s consent before running a query — with different permission levels required depending on whether a limited or full query is requested.
You can learn more about the different types of FMCSA Clearinghouse queries in our informative on-demand webinar, 2024 FMCSA Clearinghouse Update: Changes That Impact Your Business.
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