Who is exempt from the FMCSA Clearinghouse?
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.”
What is an MVR?
A Motor Vehicle Record (MVR) pulls information regarding a driver’s history from a state’s Department of Motor Vehicles (DMV). This is part of the background check process for those who work in the transportation industry that aims to help employers hire applicants who have a reliable driving record and maintain safety and compliance on our roads.
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.
Do all trucking companies use Clearinghouse?
The Clearinghouse is required for all Commercial Driver’s License (CDL) drivers operating Commercial Motor Vehicles (CMVs) on public roads, as well as for their employers and service agents. Examples include but aren’t 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)