Common Issues Registering to the FMCSA CDL Clearinghouse and How To Fix Them

Table Of Content

• How much does it cost to conduct limited and full queries in the Clearinghouse?
• Should a medical review officer (MRO) report a negative-dilute test result in the Clearinghouse?
• Our Commitment to Data Security and Privacy
• Does the Federal Motor Carrier Safety Administration (FMCSA) provide a sample of a limited consent request?
• How does an employer or consortium/third-party administrator (C/TPA) submit a bulk query?
• Students

Glostone Trucking Solutions and CleanFleet have partnered up to create a full-day Trucking Safety and Compliance Conference that is FREE to all who register and attend in-person or watch our live-stream broadcast nationwide. Under the new tab “Portal Roles/USDOT#”, you need to put in your DOT #, select “DACH Motor Carrier Admin” and click “add role”, and add a “reason for request” where you can type in “Clearinghouse” or just “CH”. The Clearinghouse Transcript Center allows secure and convenient electronic exchange of high school transcripts for use in postsecondary admissions, school transfers, and state scholarship evaluations. The Transcript Center is FERPA-certified by iKeepSafe, a leading nonprofit privacy organization. Transcript Services allows registrar staff and admissions officers, as well as educational organizations that partner with the Clearinghouse, to order transcripts on behalf of learners (with learner consent). With learner consent, admissions offices, registrar offices, and educational organizations can order transcripts on behalf of learners.

How much does it cost to conduct limited and full queries in the Clearinghouse?

Learn about the strategies, solutions and innovative payment processes that others use to grow, compete, and improve business operations. This in-person event will bring together payments professionals who are looking for guidance from today’s solution providers and industry thought leaders as well as continuing education credits. CleanFleet is a Best-In-Class TPA with the experience, training, staff, and certifications/accreditations needed to handle your company’s Drug Testing Program, no matter your industry.

Should a medical review officer (MRO) report a negative-dilute test result in the Clearinghouse?

Queries must be conducted as part of a pre-employment driver investigation, and at least annually for current employees. FMCSA is required by statute to include in the Clearinghouse records of violations of 49 CFR, part 382, subpart B. Drivers who are not convicted of the offense may petition to submit documentary evidence of non-conviction to their Clearinghouse record; to learn more about this, view the new frequently asked questions. Limited queries require only a general driver consent, which is obtained outside the Clearinghouse; this general consent is not required on an annual basis, it may be effective for more than one year.

Our Commitment to Data Security and Privacy

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. However, a driver will need to be registered to provide electronic consent in the Clearinghouse if a prospective or current employer needs to conduct a full query of the driver’s Clearinghouse record—this includes all pre-employment queries. The Clearinghouse retains a record of every query an employer conducts. This includes any queries conducted by a designated consortium/third-party administrator (C/TPA) on their behalf. Employers may choose to maintain separate copies of their Clearinghouse queries in a driver qualification file or driver investigation history file or other location but are not required to do so as of January 6, 2023.

In addition to the SDLA requirements, does the October 2021 final rule have other impacts on the States?

There are no fees for registration or other Clearinghouse activities. While the employee may perform more than 50 percent of their functions for a mode other than FMCSA, possibly placing the employee in that agency’s random pool, the Clearinghouse query requirements apply so long as the employee performs any FMCSA-regulated functions. The MRO must report any changes of a verified drug test within one business day of making any changes to the reported results. If you do not already have a Login.gov account, complete the process to create one.

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The best thing companies and drivers can do is to educate yourselves on all these regulatory changes, understand what the impacts are, and be aware of what the potential issues that can arise in the next year. If you are a carrier before 2010, and there is old or no email or phone number after filling out the above form, the government will have to mail you your DOT pin #, which can take 7-10 business days, plus any time it takes for you to get to that mail box. There are over 350,000 owner-operators, 500,000 trucking companies, and many of the 3.5 million truck drivers in the United States trying to register to the new CDL Drug and Alcohol Clearinghouse before January 6th, 2020. NSC SecurePrint℠ eliminates the time-consuming work of printing and mailing transcripts by hand. SecurePrint matches the look and feel of your institution-branded transcripts and provides unequaled security. PDF-to-Data captures your incoming PDF transcripts and converts them into machine-readable files in a PESC-approved XML or EDI format for use in your student information system or CRM — in minutes.

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. Employers, drivers, medical review officers (MROs), substance abuse professionals (SAPs), and consortia/third-party administrators (C/TPAs) must register in the Clearinghouse to access the Clearinghouse. 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. Employers, consortia/third-party administrators (C/TPAs), medical review officers (MROs), and substance abuse professionals (SAPs) need to register their company.

As part of the Clearinghouse registration process, each authorized user must obtain their own unique login.gov credentials and a user verification process must be completed to ensure that only the authorized user is accessing the Clearinghouse by using those credentials. Regardless of who performs the registration function, the employer is ultimately responsible for compliance with Clearinghouse requirements. By fulfilling the requirements listed in the Clearinghouse final rule, you are helping keep our Nation’s roadways safer for all drivers. Watch this brief video to learn more about how different users will record or access information in the Clearinghouse. Employers must retain records of drivers’ limited consent for 3 years.

Students and Learners depend on us for quick and easy transcripts and education verifications. Our Myhub portal gives learners secure access to all their learning achievements and more. The National Student Clearinghouse was selected by Ellucian, the leading higher education technology solutions provider, as one of the winners of the 2023 Ellucian Partner Awards. The annual awards recognize Ellucian partners for their collaboration and shared focus on delivering excellent customer service to higher education institutions. Providers, click the link to the right to login and access your Clearinghouse Account. Stay up-to-date on trucking industry regulatory changes is our annual conference.

For full instructions on how to submit a request, see the Requests for Record Correction Under the Privacy Act job aid. 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.

As established in the first Clearinghouse final rule (81 FR 87686), drivers with a “prohibited” Clearinghouse status are prohibited from operating a commercial motor vehicle (CMV). The second Clearinghouse final rule (Clearinghouse-II) further supports this by ensuring that drivers with a “prohibited” Clearinghouse status do not continue to hold a commercial driver’s license (CDL) or commercial learner’s permit (CLP). Only Canadian and Mexican employers operating in the United States that are subject to the Federal Motor Carrier Safety Administration (FMCSA) drug and alcohol testing requirements must report drug and alcohol program violations to the Clearinghouse. An online database that gives employers and government agencies real-time access to information about CDL driver drug and alcohol program violations.