Users who are registered as Clearinghouse Administrators may invite additional users to serve in an Assistant role, enabling them to use the Clearinghouse on their company’s behalf.
Employers that require a USDOT Number manage these Clearinghouse Administrator and Assistant roles via the Federal Motor Carrier Safety Administration (FMCSA) Portal. (Are you a motor carrier without a Portal account? If so, you can register for one now. Make sure all users at your company create their own Portal account with the proper Clearinghouse user role.) Other Clearinghouse Administrators may invite and manage assistants once they are registered in the Clearinghouse.
The Clearinghouse is a secure online database that gives employers, the Federal Motor Carrier Safety Administration (FMCSA), State Driver Licensing Agencies (SDLAs), and State law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations.
The Clearinghouse contains records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals. When a driver completes the return-to-duty (RTD) process and follow-up testing plan, this information is also recorded in the Clearinghouse.
Yes. The Clearinghouse is a Federal system of records subject to the Privacy Act. For example, the Agency will verify the driver’s consent for the release of certain information prior to allowing an employer to access the driver’s Clearinghouse record. In addition, drivers may access their own Clearinghouse record. Further, Drivers have the right to request inaccurate information in their Clearinghouse record be corrected. In accordance with the Department of Transportation’s Privacy Act procedures in 49 CFR part 10, subpart E, drivers may submit a written request to the Chief, Drug and Alcohol Programs Division, detailing the correction and the reasons the record should be so corrected. For full instructions on how to submit a request, see the Requests for Record Correction Under the Privacy Act job aid.
Commercial driver staffing agencies may employ CMV drivers who hold CDLs and are subject to FMCSA’s drug and alcohol testing requirements in Part 382. The staffing agency supplies these drivers to motor carriers, generally on a short-term basis, to operate CMVs requiring a CDL. Are driver staffing agencies required to register in the Clearinghouse?
Whether, and how, a driver staffing agency would register in the Clearinghouse depends on whether the agency functions as an employer, a consortium/third-party administrator (C/TPA), or as both, depending on the services rendered.
The staffing agency should register in the Clearinghouse as an employer if: (1) the staffing agency maintains its own DOT drug and alcohol testing program; and (2) is responsible for ensuring compliance with FMCSA’s drug and alcohol testing requirements for the drivers it employs who are subject to those requirements.
The staffing agency may register in the Clearinghouse as a C/TPA if the motor carrier is responsible for drug and alcohol program compliance, including fulfilling the employer’s querying and reporting requirements, but designates the staffing agency to perform these functions on the carrier’s behalf, as permitted by § 382.711(b).
If the staffing agency will perform both functions, it should create two separate Clearinghouse accounts; one as an employer and one as a C/TPA, using a different email address for each account.
Yes. When a violation is entered, the Clearinghouse associates it with a driver’s commercial driver’s license (CDL) information. This will be recorded even if the driver has not registered for the Clearinghouse. When an employer queries a driver’s information in the Clearinghouse (with the appropriate consent), they will enter the driver’s CDL information to verify if any violations are associated with that driver’s CDL.
A driver is required to enter their CDL information during their Clearinghouse registration. This allows them to view any violation or return-to-duty (RTD) information associated with their CDL.
On October 7, 2021, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule establishing requirements for SDLA’s access to and use of driver-specific drug and alcohol program violation information contained in the Drug and Alcohol Clearinghouse (86 FR 55718).
This final rule requires that:
- SDLAs must not issue, renew, upgrade, or transfer a commercial driver's license (CDL), or commercial learner's permit (CLP), as applicable, for any individual prohibited under FMCSA's regulations from performing safety-sensitive functions, including driving a commercial motor vehicle (CMV), due to one or more drug and alcohol program violations.
- SDLAs must, upon receipt of notification that a driver is prohibited from operating a CMV due to a drug and alcohol program violation, initiate the downgrade process to remove the CLP or CDL privilege from the driver's license within 60 days.
- Drivers completing the return-to-duty process before the downgrade process is completed would no longer be prohibited from operating a CMV and thus would no longer be subject to a downgrade.
SDLAs have until November 18, 2024 (compliance date) to comply with these requirements. In addition, FMCSA extends the compliance date for the requirement that SDLAs query the Clearinghouse prior to issuing, renewing, upgrading, or transferring a CDL from January 6, 2023 to November 18, 2024. SDLAs currently have the option to voluntarily query the Clearinghouse and may do so up until the compliance date.
Yes. Once a driver has registered in the Clearinghouse, he or she will be able to access his or her Clearinghouse record electronically, at no cost. This record would include any drug and alcohol program violation information available in the Clearinghouse, along with the status of their return-to-duty (RTD) process, if applicable.
An individual with an employer or consortium/third-party administrator (C/TPA) who can manage users on behalf of their company. Credentialed medical review officers (MROs) and substance abuse professionals (SAPs) are also considered Clearinghouse Administrators and can invite Clearinghouse Assistants.
The Federal Motor Carrier Safety Administration (FMCSA) takes the protection of personal information very seriously. The Clearinghouse will meet all relevant Federal security standards and FMCSA will verify the effectiveness of the security protections on a regular basis.
- Clearinghouse information is not available to the public; only authorized users are able to register and access the Clearinghouse for designated purposes.
- The Clearinghouse requires authentication, via a login.gov username and password, to access records. Login.gov, a shared service which offers secure online access to participating government systems, also requires the completion of a user verification process to ensure the proper person is using those credentials.
- Drivers registered in the Clearinghouse can access their Clearinghouse records at any time, and at no cost to them. Drivers may only access their own information, not information about other drivers.
- FMCSA will only share detailed drug and alcohol violation information with a prospective or current employer, and/or their designated consortium/third-party administrator (C/TPA), when an employer or designated C/TPA has requested and received specific consent from the driver. Drivers will be able to see the information that would be released to an employer before consenting to the release.
- Driver information will only be used by FMCSA and other enforcement agencies as required to enforce drug and alcohol testing regulations.
Authorized users include:
- CDL drivers
- Employers – this includes motor carriers and other employers of drivers operating commercial motor vehicles (CMVs) that require a commercial driver’s license (CDL) or commercial learner’s permit (CLP)
- Consortia/third-party administrators (C/TPAs)
- Medical review officers (MROs)
- Substance abuse professionals (SAPs)
- Enforcement personnel
No, the final rule does not change any existing requirements in the U.S. Department of Transportation (DOT)-wide procedures for transportation workplace drug and alcohol testing.
Query plans may be purchased only on the FMCSA Clearinghouse website by registered employers. A consortium/third-party administrator (C/TPA) may not purchase a plan on behalf of an employer. Download the How to Purchase a Query Plan instructional job aid
Yes. Employers, consortia/third-party administrators (C/TPAs), medical review officers (MROs), and substance abuse professionals (SAPs) need to register their company. The individual users are managed by a representative for each company who serves as a Clearinghouse administrator to manage the company’s account.
SAPs must use the Clearinghouse to report specific information about a CDL driver’s return-to-duty (RTD) activities. This information includes the date of completion of the initial SAP assessment, and the date the SAP determines that the driver is eligible for RTD testing, per § 382.705(d).
Driver violation records will be available in the Clearinghouse for five years from the date of the violation determination, or until the violation is resolved through the successful completion of the return-to-duty (RTD) process and follow-up testing plan, whichever is later.
Per § 382.705(d), the SAP must report the following:
- Date of initial SAP assessment. This must be reported by the close of the business day following the assessment.
- Date the SAP determined the driver demonstrated successful compliance with education and treatment requirements and is eligible for return-to-duty (RTD) testing. This must be reported by the close of the business day following the determination.
Yes, there is no requirement that the employer personally perform the registration. As part of the Clearinghouse registration process, each authorized user must obtain their own unique login.gov credentials and a user verification process must be completed to ensure that only the authorized user is accessing the Clearinghouse by using those credentials. Regardless of who performs the registration function, the employer is ultimately responsible for compliance with Clearinghouse requirements.
No. The final rule requires the driver’s commercial driver’s license (CDL) number and issuing State must be used when reporting a drug and alcohol program violation in the Clearinghouse.
No. The Clearinghouse contains only violations that occurred on or after January 6, 2020. If a driver’s violation occurred prior to January 6, 2020, and was in the return-to-duty (RTD) process when the Clearinghouse was implemented, the violation and any related RTD activity will not be entered into the Clearinghouse.
Employers, drivers, medical review officers (MROs), substance abuse professionals (SAPs), and consortia/third-party administrators (C/TPAs) must register in the Clearinghouse to access the Clearinghouse.
Instructional job aids are available for:
- Employers with Portal accounts
- Employers without Portal accounts
- CDL drivers
- Consortia/third-party administrators
- Medical review officers
- Substance abuse professionals
Employers, C/TPAs, MROs, and SAPs can also invite users to complete required actions in the Clearinghouse on their behalf. These users would register as Clearinghouse Assistants.
The Clearinghouse is a centralized database that employers use to report drug and alcohol program violations and to conduct queries, which check that current or prospective employees are not prohibited from performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due to an unresolved drug and alcohol program violation—that is, a violation for which the driver has not completed the return-to-duty (RTD) process. Queries must be conducted as part of a pre-employment driver investigation, and at least annually for current employees.
In addition, employers may designate a C/TPA who can report violations and/or conduct queries on their behalf. An owner-operator—an employer that employs himself or herself as a CDL driver, typically a single-driver operation—must designate the C/TPA in the Clearinghouse.
To complete the actions outlined above, employers and C/TPAs are required to register in the Clearinghouse.
If your employer has a USDOT Number, visit https://clearinghouse.fmcsa.dot.gov/register and
All other users must contact your Clearinghouse Administrator to request an invitation to register for the Clearinghouse. Once you receive this invitation email, follow the link in the email to begin your registration in the Clearinghouse. Download the instructional job aid.
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).
Yes. The Clearinghouse is subject to certain provisions of the FCRA. However, the Agency does not fall within FCRA’s definition of “consumer reporting agency.” Therefore, provisions of the FCRA that impose obligations on “consumer reporting agencies” do not apply to the Agency’s administration of the Clearinghouse regulations. If an employer or consortium/third-party administrator (C/TPA) is subject to the FCRA, they should comply with their individual requirements.
Employers should consult with their own experts for more information on how to comply with FCRA.
Yes. Each Clearinghouse Administrator you will be an Assistant for will need to send you an invitation. The invitation should be sent to the email address you use for your login.gov account. (Note: FMCSA Portal users do not need to send or receive invitations, as these relationships are controlled in the Portal.).
Yes. Employers may designate a C/TPA or C/TPAs to conduct queries and/or report violations on their behalf. The C/TPA must be registered in the Clearinghouse before an employer can select the C/TPA, and C/TPAs must be designated by the employer before reporting drug and alcohol program violations or querying the Clearinghouse on their behalf.An owner-operator (an employer that employs himself or herself as a commercial driver’s license (CDL) driver, typically a single-driver operation) must designate their C/TPA(s) as part of their Clearinghouse registration process.
No, follow-up testing plans are not included in a driver’s Clearinghouse record. When a prospective employee has not completed a follow-up testing plan prescribed by the substance abuse professional (SAP), the subsequent new employer must obtain the follow-up testing plan from the previous employer, as required in § 382.413, and report the date the follow-up testing plan was completed.
All CDL drivers who operate CMVs on public roads and their employers and service agents. This includes, but is not limited to:
- Interstate and intrastate motor carriers, including passenger carriers
- School bus drivers
- Construction equipment operators
- Limousine drivers
- Municipal vehicle drivers (e.g., waste management vehicles)
- Federal and other organizations that employ drivers subject to FMCSA drug and alcohol testing regulations (e.g., Department of Defense, municipalities, school districts)
Yes. Before you can link your Portal account, you will need to ensure you have the proper Clearinghouse Portal user role (for more information download the Clearinghouse Portal user role job aid). Once you have the Clearinghouse Portal user role, go to My Dashboard > My Profile and select ”Add USDOT #.” Follow the system instructions to link your Portal account.
No. Information from the Clearinghouse will not be shared with the National Highway Traffic Safety Administration’s National Driver Register.
- Failure to comply with the FMCSA IT Rules of Behavior.
- Failure to comply with the Clearinghouse requirements in 49 CFR Part 382.
- Failure to comply with an FMCSA request for copies of documents related to the Clearinghouse (e.g., copies of consent forms).
- Failure to comply with any of the prescribed rights and restrictions on access to the Clearinghouse, including but not limited to, submission of inaccurate or false information and misuse or misappropriation of access rights or protected information from the Clearinghouse and failure to maintain the requisite qualifications, certifications and/or training requirements as set forth in 49 CFR Part 40.
- For Service Agents, failure to perform the duties prescribed under 49 CFR Parts 40 and 382, or being subject to a Public Interest Exclusion under 49 CFR Part 40, Subpart R.
- Being under government-wide suspension or debarment under 2 CFR part 180.
An owner-operator (an employer who employs himself or herself as a CDL driver, typically a single-driver operation) is subject to the requirements pertaining to employers as well as those pertaining to drivers. Under the Clearinghouse final rule, an employer who employs himself or herself as a CDL driver must designate a consortium/third-party administrator (C/TPA) to comply with the employer’s Clearinghouse reporting requirements (§ 382.705(b)(6)).
If an employer reports a violation to the Drug and Alcohol Clearinghouse (Clearinghouse) based on the employer’s actual knowledge that a CDL driver was issued a traffic citation for driving under the influence (DUI) in a commercial motor vehicle (CMV), must the driver complete the return-to-duty (RTD) process before resuming safety-sensitive functions?
It depends on whether the driver is convicted of DUI in a CMV. Current regulations provide that, if an employer has reported an actual knowledge violation based on the issuance of a citation for DUI in a CMV, the driver is prohibited from performing safety-sensitive functions, including driving a CMV, until completing RTD requirements in accordance with 49 CFR part 40, subpart O (subpart O). (See §§ 382.503(a) and 382.605). Employers are prohibited from permitting a driver who has violated subpart B to perform safety-sensitive functions until the driver has complied with the RTD requirements in subpart O. (See §§ 383.503(a) and 382.217(e)).
However, on March 8, 2023, the Federal Motor Carrier Safety Administration (FMCSA) issued a Notice of Enforcement Policy (NEP). The NEP states that FMCSA will not enforce the RTD requirements of §§ 382.503(a), 382.605, and 382.217(e) when drivers violate subpart B, based on their employer’s actual knowledge of the issuance of a citation for DUI in a CMV and the citation results in non-conviction.
The NEP also states that drivers who are convicted of DUI in a CMV must comply with the RTD requirements in accordance with subpart O.
What constitutes “non-conviction” for the purposes of the NEP? As used in the NEP, the term “non-conviction” means that the charge of DUI in a CMV is dismissed without the imposition of fines, court costs, or other punitive actions, or there is an unvacated adjudicated finding of not guilty. Terms that States may use to indicate a dismissal include Nolle Prosequi (Nolle Pros’d or Nolle Prossed), withdrawn, or discontinued. The term “non-conviction” does not include pleading guilty to a lesser charge (e.g., reckless driving).
May a CDL driver who received a traffic citation for DUI in a CMV resume performing safety-sensitive functions before non-conviction is established? No. Drivers who wish to resume safety-sensitive functions before non-conviction has been established (i.e., before the citation has been dismissed or the driver is adjudicated not guilty) must comply with the RTD requirements in subpart O. Prior to non-conviction, an employer may not permit the driver to perform safety-sensitive functions until complying with RTD requirements.
How will FMCSA know that a driver’s citation for DUI in a CMV resulted in non-conviction? To inform FMCSA of the non-conviction, drivers must submit acceptable documentary evidence of non-conviction following the procedures set forth in § 382.717(c).
If the citation for DUI in a CMV results in non-conviction, when may the driver resume safety-sensitive functions? Drivers may resume performing safety-sensitive functions when FMCSA accepts the documentary evidence and changes the driver’s operating status in the Clearinghouse from “Prohibited” to “Not Prohibited.” FMCSA will notify the driver that this information has been added to their record, as required by § 382.707(a), and the driver may then log in to their Clearinghouse account to verify the status change.
Note: If the driver is required to complete the return-to-duty process due to multiple drug and alcohol program violations, including the citation for DUI in a CMV, the driver will be required to complete the return-to-duty process to resolve the other violations before resuming safety-sensitive functions.
If a driver’s citation for DUI in a CMV results in non-conviction and FMCSA accepts documentary evidence of non-conviction and changes the driver’s operating status from “Prohibited” to “Not Prohibited,” must the employer comply with the Clearinghouse reporting requirements in 49 CFR 382.705(b)(1)(ii) and (v)? No. Under the NEP, FMCSA will not enforce the employer reporting requirements for RTD and follow-up testing in §§ 382.705(b)(1)(ii) and (v) when a driver’s citation for DUI in a CMV results in non-conviction and FMCSA changes the driver’s operating status from “Prohibited” to “Not Prohibited” based acceptable documentary evidence of non-conviction submitted by the driver.
Why is FMCSA changing its enforcement policy regarding actual knowledge violations based on the issuance of a citation for DUI in a CMV? The change will increase fairness to drivers while continuing to ensure CMV safety. Issuance of a citation for DUI in a CMV is a serious action, which raises legitimate safety concerns that justify a driver’s immediate removal from safety-sensitive functions. The driver nevertheless should not be required to complete RTD requirements, including directly observed follow-up testing, if the citation results in non-conviction.
Per § 382.705, the following individuals must report the following information:
- Employers, or consortia/third-party administrators (C/TPAs) acting on behalf of an employer, enter drug and alcohol program violation information into the Clearinghouse.
- Medical review officers (MROs) enter drug violation information. The driver does not need to be registered in the Clearinghouse for a violation to be added to their Clearinghouse record.
- Substance abuse professionals (SAPs) enter the date of initial SAP assessment and date the driver is eligible for RTD testing.
- Employers enter the negative RTD test result(s) and the date the driver’s follow-up testing plan has been successfully completed.
Per § 382.705(b), employers must report the following information to the Clearinghouse:
- An alcohol confirmation test result with an alcohol concentration of 0.04 or greater;
- A CDL driver’s refusal to submit to a Department of Transportation (DOT) test for drug or alcohol use;
- Actual knowledge, as defined in § 382.107;
- The negative RTD test results;
- The date the driver successfully completed all follow-up tests as ordered by the substance abuse professional (SAP).
The October 2021 final rule (86 FR 55718) amends 49 CFR part 392 by prohibiting CLP or CDL holders from operating a commercial motor vehicle, as defined in 49 CFR 390.5T, if they are subject to the CMV driving prohibition in 49 CFR 382.501(a). No later than November 18, 2024, States receiving Motor Carrier Safety Assistance Program (MCSAP) grant funds must adopt and enforce a CMV driving prohibition, comparable to 49 CFR 392.15, for CLP and CDL holders who are barred from operating a CMV due to a drug and alcohol program violation.
If a CDL driver’s employer is aware that the driver received a traffic citation for driving a CMV while under the influence of alcohol or controlled substances, the employer must report this to the Clearinghouse as actual knowledge of prohibited use of drugs or alcohol. If the citation does not result in a conviction, may the driver petition to have this violation removed from their Clearinghouse record?
FMCSA is required by statute to include in the Clearinghouse records of violations of 49 CFR, part 382, subpart B. Accordingly, as required by 49 U.S.C. 31306a(g)(6), the actual knowledge violation based on issuance of the citation will remain in the driver’s Clearinghouse record even when the citation results in non-conviction, because the violation of subpart B occurred when the citation was issued. In accordance with the final rule published on October 7, 2021 (86 FR 55718), a report of actual knowledge of prohibited use of drugs or alcohol, based on the issuance of DUI in a CMV, will remain in the Clearinghouse for 5 years, or until the driver has completed the return-to-duty process, whichever is later, regardless of whether the driver is ultimately convicted of the DUI offense. Drivers who are not convicted of the offense may petition to submit documentary evidence of non-conviction to their Clearinghouse record; to learn more about this, view the new frequently asked questions.
Because your Clearinghouse account is associated with the email address you used to create your login.gov account, you will need to update your email address with login.gov.
To change the email address associated with your login.gov account, go to https://secure.login.gov/ and sign in to your login.gov account. Click on “Add email” and go through the process of adding your new email address. Then, click on “Delete” next to the email address you are replacing and go through the process of deleting it. For more information, visit the login.gov website.
For more information on creating or managing your login.gov account, visit https://login.gov/contact.
Drivers are not required to register for the Clearinghouse. However, a driver will need to be registered to provide electronic consent in the Clearinghouse if a prospective or current employer needs to conduct a full query of the driver’s Clearinghouse record—this includes all pre-employment queries.
A driver must also be registered to electronically view the information in his or her own Clearinghouse record.
Registered drivers will have their Clearinghouse accounts and contact preferences set up, allowing them to quickly respond to query requests from employers. Registration is available at https://clearinghouse.fmcsa.dot.gov/register.
- View their own driver record electronically.
- Provide electronic consent to release detailed drug and alcohol program violation information to a current or prospective employer.
- Identify a substance abuse professional (SAP) so the SAP may enter specific information regarding the driver’s return-to-duty (RTD) activities.
To complete the actions outlined above, drivers must be registered in the Clearinghouse. Registered drivers will have their Clearinghouse accounts and contact preferences set up, allowing them to quickly respond to query requests from employers. Registration is available at https://clearinghouse.fmcsa.dot.gov/Register .
Yes, if the SAP meets the requirements under § 40.281.
The Clearinghouse offers employers a centralized location to query driver information and report drug and alcohol program violations incurred by their current and prospective employees holding CDLs and CLPs. The employer must use the Clearinghouse to:
- Conduct a full query of the Clearinghouse as part of each pre-employment driver investigation process.
- Conduct limited queries at least annually for every driver they employ.
- Request electronic consent from the driver for a full query, including pre-employment queries.
- Report drug and alcohol program violations.
- Record the negative return-to-duty (RTD) test results and the date of successful completion of a follow-up testing plan for any driver they employ with unresolved drug and alcohol program violations.
Employers and C/TPAs can assign Assistants to conduct queries and report drug and alcohol program violation information on their behalf. MROs and SAPs can assign Assistants to enter information in the Clearinghouse on their behalf.