FMCSA Extends Clearinghouse Deadline for State Agencies
October 8, 2019
According to the Federal Motor Carrier Safety Administration (FMCSA), states should have an additional three years to comply with the federal drug and alcohol clearinghouse requirements. The FMCSA has proposed a new rule that would give state agencies until January 6, 2023 to comply with the way state agencies request information from the Commercial Driver’s License Drug and Alcohol Clearinghouse database. The original deadline was January 6, 2020.
State driver licensing agencies, law enforcement officials, and carriers use the Clearinghouse database to see whether a commercial truck driver has any drug or alcohol violations on their license. According to the proposal, the notice of proposed rulemaking would delay the compliance date by three years to allow states to voluntarily query the Clearinghouse database. They will simply need to register in the Clearinghouse as an authorized user and log in to review a driver’s record. The proposed delay will also give the FMCSA additional time to look at the way state driver licensing agencies access driver-specific information from the Clearinghouse and how they use it.
The Clearinghouse rule also stated that employers must conduct queries as part of the hiring process. During the pre-employment driver investigation process, the employer must determine whether the driver had any drug or alcohol violations on their license. Employers must do this yearly for each driver who has a commercial driver’s license (CDL) or who is currently employed. Employers are required to obtain consent from the driver.
Separate Rule to Address Concerns Over Data and Privacy
The American Association of Motor Vehicle Administrators (AAMVA) expressed concerns about the final rule, saying that it did not address some important issues. For example, it did not clarify how states were supposed to use the information they received from the Clearinghouse, or whether privacy and data control would be put into place. They also had concerns about privacy issues, how the transmission of false records would be corrected, and how much it would cost to correct.
According to the FMCSA, all these concerns would be addressed. In fact, the FMCSA intends to publish a separate proposed rule that will address the concerns brought up by the AAMVA. This would give the FMCSA time to resolve these issues and ensure that the implementation of all Clearinghouse-related requirements is carried out as seamlessly as possible.
Baltimore Truck Accident Lawyers at LeViness, Tolzman & Hamilton Seek Justice for Victims of Truck Accidents
If you or a loved one was seriously injured in a devastating truck accident, and the truck driver was under the influence of drugs or alcohol at the time of the accident, you are urged to contact the Baltimore truck accident lawyers at LeViness, Tolzman & Hamilton as soon as possible. There is no excuse for getting behind the wheel of a massive truck after drinking too much alcohol. We will work tirelessly to protect your rights and secure the maximum financial compensation you deserve for your injuries. To schedule a free consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to represent truck accident victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.
