Navigating the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse can be intimidating, especially when a violation needs to be removed. Whether the violation arose from inaccurate information or other rectified circumstances, there is a formal process to request its removal. For CDL drivers, employers, and third-party administrators (C/TPAs), understanding the procedures is vital to ensure compliance while maintaining accurate records.
This blog provides a detailed guide on how to remove a violation from the Clearinghouse, explains critical rules under the Privacy Act, and highlights the role of accurate documentation in this process.
Why Removing a Clearinghouse Violation Is Important
Violations in the Clearinghouse can significantly impact CDL drivers and employers. For drivers, unresolved violations can result in revoked or suspended commercial driving privileges, making them ineligible to perform safety-sensitive duties. Employers face risks such as staffing shortages, operational disruptions, and compliance audits.
Clearing inaccurate or corrected violations ensures fair opportunities for drivers and fosters transparent recordkeeping practices for employers.
Common Reasons for Clearinghouse Violation Removal
The FMCSA allows for violations to be removed under specific circumstances, providing that the supporting documentation is accurate and complete. Common reasons include:
- Overturned Positives due to legitimate medical prescriptions verified post-testing.
- Shy Bladder or Medical Condition: Situations where a driver could not provide a sample due to a proven medical issue.
- Incorrect CDL Information: Errors such as a mismatch in name, CDL number, or state-issued details.
- Driver Not CDL-Qualified: If a violation was mistakenly reported for an individual without a CDL or commercial learner’s permit (CLP).
Identifying the root cause of the violation and supplying all necessary evidence are critical first steps.
Step-by-Step Guide to Removing a Clearinghouse Violation
Here’s a breakdown of how employers, drivers, and third-party administrators can request a violation removal from the Clearinghouse:
1. Access Your Clearinghouse Dashboard
- Log in to your Clearinghouse account at FMCSA’s site using your gov credentials.
- Navigate to ‘Violations’ in the dashboard and locate the specific violation under ‘Violation History.’
2. Initiate the Violation Removal Request
- Click on ‘View Violation Details’ for the record you wish to remove.
- At the top-right corner of the page, select ‘Request to Remove Violation.’
3. Provide Specific Reasons
- Fill out the ‘Reason for Violation Removal’ field with a precise explanation. The FMCSA advises including details such as why the violation should be removed and any supporting evidence. Examples include medical documentation or a statement verifying CDL information corrections.
- Supporting documentation must be uploaded accurately using the Upload Documentation Tool. Ensure files are formatted correctly and do not exceed 50MB.
4. Include Contact Information
- Add valid contact details (email and phone number) to ensure the FMCSA can follow up if they require additional information for evaluation.
5. Await FMCSA Review
- After submission, the FMCSA will review your request. You will be informed of their decision via email. Reviews may take up to 30 business days.
6. Appeal a Denial (If Necessary)
- If your removal request is denied, you have the right to submit a reconsideration request.
- Send the required information to clearinghouse@dot.gov, along with any additional arguments and documentation.
- For final denials, drivers can file an appeal to the U.S. District Court under 49 CFR Part 10 regulations.
More about these procedures is detailed in the FMCSA resource guide.
The Role of the Privacy Act in Violation Corrections
The Privacy Act (5 U.S.C. 552a) grants CDL holders the right to request corrections to their records if any information in the Clearinghouse is inaccurate. Based on the regulation outlined in 49 CFR Part 10, drivers must provide specific details when submitting their request for corrections.
Key Requirements for Privacy Act Requests
- Include the following details when submitting your request to clearinghouse@dot.gov:
- Driver’s name, state of issuance, and CDL number
- Detailed explanation for the requested correction
- Documentation supporting the request
- Declaration under penalty of perjury affirming the truthfulness of the statement
Privacy Act compliance ensures that individuals have accessible, accurate records while maintaining security and confidentiality.
Addressing Return-to-Duty Violations
If a violation relates to drug or alcohol testing, drivers are required to complete the Return-to-Duty (RTD) process before their prohibition status can be cleared. The steps typically involve working with a Substance Abuse Professional (SAP) for evaluation and completing required education and testing.
Upon passing the Return-to-Duty test, employers (or C/TPAs for owner-operators) must update the Clearinghouse records, ensuring the driver’s status changes to “Not Prohibited.” For further details, visit the FMCSA’s return-to-duty process overview.
Best Practices for Violation Removal Requests
To improve the likelihood of successful removal, follow these best practices:
- Maintain Accurate Records: Always verify driver information before submitting reports to avoid errors.
- Be Detailed: Provide clear, specific, and supported reasons when requesting a violation removal.
- Consult the Clearinghouse Resources: Use the FMCSA’s guides and FAQs for clarifications on compliance standards.
- Act Proactively: Make corrections as soon as possible to minimize the operational impact of unresolved violations.
Final Thoughts
Removing a violation from the FMCSA Clearinghouse is a detailed process that ensures compliance with safety and legal standards. By following the proper channels and providing accurate documentation, drivers, employers, and administrators can safeguard their records and operations.
Whether you’re requesting a correction under the Privacy Act or clearing a violation through the Return-to-Duty process, staying informed and proactive can make all the difference. For comprehensive guidance, explore the FMCSA’s resources and take the steps necessary to ensure compliance.
Reference Article
How Long Do DOT Violations Stay on Your Record?