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.”
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)
Is it required that drivers have Spotted Lanternfly permits for trash trucks that do not leave the quarantine area in Philadelphia, PA?
According to the Pennsylvania Department of Agriculture, 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 on the Department of Agriculture's Spotted Lanternfly Information Page.
What is the fine/penalty structure for non-compliance to the lanternfly permits?
According to the Pennsylvania Department of Agriculture, a citation matrix is in the making. The Pennsylvania SLF Quarantine Order states the following for those who are not in compliance with the required permit:
Criminal citation up to $300 per violation.
Civil penalty up to $20,000 per violation.
Revocation of permit or compliance agreement if PDA determines the holder has not complied.
For more information, you can view the Quarantine Order