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.
An employer or service agent who knowingly submits false information to the Clearinghouse may be subject to criminal and/or civil penalties.
Employers and consortia/third-party administrators (C/TPAs) are required to provide specific documentation to support the reporting of actual knowledge or a refusal to test (§§ 382.705(b)(3) and (4)). The Federal Motor Carrier Safety Administration (FMCSA) will remove information from the driver’s Clearinghouse record that is determined to be false.
No. Only employers who employ drivers subject to the licensing requirements in 49 CFR Part 383 and the drug and alcohol testing requirements in 49 CFR Part 382 are required to query or report information in the Clearinghouse. However, employers of drivers not holding a CDL or CLP must still comply with the driver investigation requirements of § 391.23(e), which includes drug and alcohol violation history.
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.
No. Only results of DOT drug or alcohol tests or refusals may be reported to the Clearinghouse. While employers may conduct drug and alcohol testing that is outside the scope of the DOT testing requirements, positive test results or refusals for non-DOT testing may not be reported to the Clearinghouse.
Yes. The Clearinghouse will identify drivers who move frequently and obtain CDLs in different States and link those CDLs, in order to maintain complete and accurate information on such drivers.
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.
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.
Yes. There are two processes for correcting or removing information, depending on the nature of the requested correction or removal. Under 49 CFR 382.717, drivers may (i) request that FMCSA correct administrative errors (e.g., errors in data entry or the removal of a duplicate report from a driver’s Clearinghouse record); (ii) request that FMCSA add documentary evidence of a non-conviction to an employer's report of actual knowledge that the driver received a traffic citation for DUI while driving a commercial motor vehicle if the citation did not result in a conviction; and (iii) request that FMCSA remove from the Clearinghouse a report that a driver failed to appear for a test or that the employer has actual knowledge that the driver has used alcohol or controlled substances if the violation report fails to comply with the reporting requirements in § 382.705(b)(3) and (5). Drivers may not challenge the accuracy or validity of test results, test refusals, or other violations under § 382.717 but may submit a request for correction under the Privacy Act, as described below. See the Submitting a Petition for Data Review job aid to learn how to submit a request for correction under § 382.717.
Drivers wishing to request correction of a test refusal, test result, or other violation information in their Clearinghouse record may do so in accordance with the Privacy Act procedures set forth in 49 CFR Part 10, Subpart E and F. See Requests for Record Correction Under the Privacy Act job aid to learn how to submit a Privacy Act request for correction.
Yes. The final rule provides a petition process for drivers to request corrections to their Clearinghouse record (§ 382.717). Drivers may challenge only the accuracy of information reported, not the accuracy or validity of test results or refusals.
Employers may conduct a limited query, which requires consent outside of the Clearinghouse. If the limited query returns that records were found in the Clearinghouse for the queried driver, the employer must receive electronic consent for a full query from the driver in the Clearinghouse before detailed information may be released to the querying employer. The employer may also conduct a full query at any time, provided the employer has obtained the required electronic consent for the release of detailed violation information for the queried driver.
Employers will be notified if there is a change to a driver’s Clearinghouse record within 30 days of a pre-employment query being conducted. The employer will be required to obtain the driver’s electronic consent in the Clearinghouse before they can access the updated information.
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 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.
Yes, a prospective employer or their designated consortium/third-party administrator (C/TPA) will be required to conduct both electronic queries in the Clearinghouse and manual inquiries with previous employers to meet the three-year timeframe for pre-employment driver investigations as required per § 391.23(e). On January 6, 2023, once three years of violation data is stored in the Clearinghouse, prospective employers will no longer have to conduct manual inquiries with a CDL driver’s previous employers; the prospective employer’s query of the Clearinghouse will satisfy that requirement. However, if a prospective employee was subject to drug and alcohol testing by a Department of Transportation (DOT) mode other than the Federal Motor Carrier Safety Administration (FMCSA), (FRA, FTA, FAA, etc.), prospective employers will still have to request drug and alcohol violation information from those DOT-regulated employers, since that information will not be reported to the Clearinghouse.
Within two business days of making a determination or verification of a Department of Transportation (DOT)-approved drug test, an MRO must report:
- Verified positive, adulterated, or substituted controlled substances test results; or
- Refusal-to-test determination.
The MRO must report any changes of a verified drug test within one business day of making any changes to the reported results.
Registration is required to complete these actions—visit https://clearinghouse.fmcsa.dot.gov/Register to register.
As set forth in 49 CFR 382.717(a)(2)(i), a driver who has received a traffic citation for driving a CMV while under the influence of alcohol or controlled substances that did not result in a conviction may petition that FMCSA add documentary evidence of a non-conviction to their Clearinghouse record. This documentation may, for example, include a certificate of disposition from the court, a letter from a prosecutor stating that the charge has been dropped, or a screenshot from a court online docket system that displays the disposition. A statement from the driver, even if provided in the form of an affidavit, will not be considered unless accompanied by documentary evidence 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).
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.
No. Information from the Clearinghouse will not be shared with the National Highway Traffic Safety Administration’s National Driver Register.
No. Only Part 382 drug and alcohol program violations may be reported to the Clearinghouse.
The Federal Drug Testing Custody and Control Form (CCF) specifies the DOT agency requesting the test, and employers may only report to the Clearinghouse a positive result when FMCSA is agency designated on the CCF.
The following information must be provided:
- Reason for the test;
- Federal Drug Testing Chain of Custody Form (CCF) specimen ID number;
- Driver’s name, date of birth, and commercial driver’s license (CDL) number and State of issuance;
- Employer’s name, address, and USDOT Number, if applicable;
- Date of the test and date of the verified result;
- Test result;
- In the case of an adulterated specimen, the adulterant/reason must also be provided.
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)(5), when reporting actual knowledge, employers must report the following:
- Driver's name, date of birth, commercial driver’s license (CDL) number and State of issuance;
- Employer name, address, and USDOT number, if applicable;
- Date the employer obtained actual knowledge of the violation;
- Witnesses to the violation, if any, including contact information;
- Description of the violation;
- Evidence supporting each fact alleged in the description of the violation, which may include, but is not limited to, affidavits, photographs, video or audio recordings, employee statements (other than admissions pursuant to § 382.121), correspondence, or other documentation; and
- A certificate of service or other evidence showing that the employer provided the employee with all information reported.
If an MRO changes a verified drug test, the MRO must submit that change to the Clearinghouse within one business day of making the change in the reported results.
- 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 .
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.