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. 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.

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.

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.

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.

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).

Drivers may:

• 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.