The Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse has been a game-changer in ensuring the safety and compliance of commercial driver’s license (CDL) holders. Among its many provisions is the “5-Year Rule,” a critical regulation that determines how long records of violations are stored and accessible in the Clearinghouse.
If you’re an employer in the transportation industry or a CDL driver, understanding this RuleRule is essential for maintaining compliance and ensuring safety-sensitive functions are effectively monitored. This blog will break down what the Clearinghouse 5-Year Rule entails, its implications for both drivers and employers and why it is a pivotal part of improving highway safety.
What is the Clearinghouse 5-Year Rule?
The Clearinghouse 5-Year Rule dictates that a CDL driver’s violation records are retained in the Clearinghouse for five years from the date of the violation determination or until the driver completes the Return-to-Duty (RTD) process and follow-up testing plan, whichever occurs later. This means that a driver with an unresolved violation could have their records extended beyond the initial five years if the necessary steps for compliance are not completed.
For instance:
- If a driver fails a drug test on January 1, 2023, but does not complete their RTD process until January 1, 2028, the violation record will remain active in the Clearinghouse until the latter date.
- Conversely, if the same driver completes the RTD process by January 1, 2024, the record would be cleared after January 1, 2028, adhering to the 5-year minimum retention period.
Learn more about the FMCSA guidelines here.
Why is the 5-Year Rule Important?
The 5-Year RuleRule plays a pivotal role in strengthening the FMCSA’s goal of ensuring only qualified and compliant CDL holders are allowed to operate commercial motor vehicles (CMVs). Here’s why it matters:
1. Improved Safety on Roadways
CDL drivers who violate drug or alcohol testing regulations pose a safety risk to themselves and others. By retaining these records in the Clearinghouse, the FMCSA ensures that non-compliant drivers are flagged, preventing them from resuming safety-sensitive roles until they comply with the RTD process.
2. Transparency for Employers
Employers can access accurate and up-to-date records when hiring prospective drivers or conducting annual compliance checks. The 5-year retention period ensures that no violations are hidden, promoting transparency and accountability across all stakeholders.
3. Consistency with DOT Regulations
The RuleRule aligns with federal safety standards and ensures consistency in reporting and querying drug and alcohol violations. Employers are required to query the Clearinghouse before onboarding any CDL driver and must perform annual queries for all current employees. This regular process reassures employers that their workforce remains compliant.
Refer to the FMCSA Drug and Alcohol Clearinghouse overview for more details on these requirements.
Referrence Article
How Do I Remove a Violation from the Clearinghouse?