The Federal Motor Carrier Safety Administration has issued guidance on new requirements contained in the agency’s October 7, 2021, final rule on its Drug and Alcohol Clearinghouse.

The guidance notes that the new Clearinghouse rule does not change any of the requirements for employers to query CDL and commercial learner’s permit holders and report drug and alcohol program violations. All requirements previously established by the first Clearinghouse rule remain in place.

But the guidance notes that the new rule includes an update regarding actual knowledge violations. Companies that know that one of their drivers received a DUI while operating a CMV must submit that citation to the Clearinghouse even if the citation does not result in a conviction.  The following question and answer have been added to the Clearinghouse website to summarize this change.

Question
If a CDL driver’s employer is aware that the driver received a traffic citation for driving a CMV while under the influence of alcohol or controlled substances, the employer must report this to the Clearinghouse as actual knowledge of prohibited use of drugs or alcohol. If the citation does not result in a conviction, may the driver petition to have this violation removed from their Clearinghouse record?

Answer
Effective November 8, 2021, an actual knowledge violation, based on the issuance of a citation for DUI in a CMV, will not be removed from the Clearinghouse when the citation does not result in a conviction.

 In the final rule published on October 7, 2021 (86 FR 55718), FMCSA clarified that a driver subject to FMCSA’s drug and alcohol use and testing requirements, who has been issued a traffic citation (or another charging document) for DUI in a CMV, has violated 49 CFR part 382, subpart B. Accordingly, the 2021 final rule amends the regulation to state that a report of actual knowledge of prohibited use of drugs or alcohol, based on the issuance of DUI in a CMV, will remain in the Clearinghouse for 5 years, or until the driver has completed the return-to-duty process, whichever is later, regardless of whether the driver is ultimately convicted of the DUI offense. Drivers who are not convicted of the offense may petition to submit documentary evidence of non-conviction to their Clearinghouse record.