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As of March 8, 2023, an employer will be notified via email if a driver they have queried has new information (such as an updated return-to-duty status, a removed violation, or a new violation) recorded in their Clearinghouse record within 12 months of a pre-employment or annual query. The Query History will also be updated to reflect that new information is available. This change is permitted as a “routine use” of the driver’s information under the Privacy Act and is set forth in FMCSA’s System of Records Notice for the Clearinghouse, accessible at 2019-22915.pdf (govinfo.gov).
Note: Previously, email notifications about new driver information were sent to employers within 30 days of a conducting pre-employment queries only. This has been expanded as described above.
The Clearinghouse will notify the driver using the method indicated during the driver’s Clearinghouse registration—either mail or email—any time information about the driver is added, revised, or removed. If the driver has not yet registered for the Clearinghouse, these notifications will be sent by mail using the address associated with the driver’s commercial driver’s license (CDL).
Employers who have previously conducted a query on a driver will be notified by email when there is new information in a driver’s Clearinghouse record if:
- The query was initiated on or after the September 14, 2022 System of Records Notice; and
- The new information was recorded after March 8, 2023.
All users registered under the employer, including Assistants, will receive the notification email. If a consortium third-party administrator (C/TPA) initiated the query on behalf of the employer, the C/TPA’s Clearinghouse users will also receive the notification email. These users will also see a notice of new information in the Query History.
When an employer receives a notification that there is a change to information in a driver’s Clearinghouse record, the employer should complete a full follow-on query within 24 hours to determine if the new information prohibits the driver from performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV).
In order for the employer to conduct the follow-on query, the driver must provide specific consent electronically in the Clearinghouse. In accordance with 49 CFR 382.703(c), if the driver refuses to grant specific consent, the employer must remove the driver from safety-sensitive functions until a full query is conducted and the results obtained. Once the full query is conducted, the driver may resume safety-sensitive functions only if the query returns a “Not Prohibited” status.