Answer

What is considered actual knowledge of a Clearinghouse violation?

Employers who have actual knowledge that a driver has used alcohol or controlled substances in violation of Subpart B of Part 382 must report such violations to the Clearinghouse, in accordance with § 382.705(b)(4). Service agents, such as a consortium/third-party administrator (C/TPA), acting on the employer’s behalf may also report actual knowledge violations, as long as they comply with the reporting requirements in § 382.705(b)(4). Actual knowledge, as defined in § 382.107, is based on the employer’s direct observation of the employee, information provided by the driver’s previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances, or an employee’s admission of alcohol or controlled substances use, except as provided in § 382.121.

According to the Pennsylvania Department of Agriculture (PDA), each vehicle should carry a log to track Spotted Lanternfly inspection or control measure activities and must keep those records for two years.

The following are examples of logs that you can use:

Form Example A

Form Example B

Form Example C

According to the FMCSA, “Drivers who perform only FTA-regulated safety-sensitive functions are exempt from Part 382, including the Clearinghouse requirements, as are their employers. These drivers and employers are subject only to the alcohol and/or controlled substances testing requirements of Part 655. On the other hand, FTA-regulated entities that employ drivers who also perform FMCSA-regulated safety-sensitive functions must comply with the relevant alcohol and/or controlled substances testing requirements of Part 382.”

According to the Pennsylvania Department of Agriculture, Spotted Lanternfly Trucking Permits are required for all businesses and organizations who will be moving within or from the quarantine zone while working.

More details and examples can be found at Do I Need a Permit?