Get Ahold Of This BS From FMCSA Clearinghouse

Topic 29428 | Page 1

Page 1 of 2 Next Page Go To Page:
Oddball's Comment
member avatar

This is in the email asking me to consent to release records to a company I applied for a while back.

Employer are required to obtain your electronic consent before FMCSA can release to them the information in your Clearinghouse driver record. Your consent also authorizes FMCSA to notify this employer if any additional information is reported to the Clearinghouse about you within 30 days of this query, however the employer must first obtain your specific consent before the information is disclosed. Refusal to provide your consent to this request will result in you being prohibited from operating a commercial motor vehicle or performing other safety-sensitive functions in accordance with 49 C.F.R. 382.703(c).

Naturally, I looked up the actual article they refer too:

(c) No employer may permit a driver to perform a safety-sensitive function if the driver refuses to grant the consent required by paragraphs (a) and (b) of this section.

(a) and (b) talk about authorizing a query and gaining electronic consent from the driver.

IDK WTF is up with them, but the email sure reads like If I do not consent, I may never drive a CMV again, where the actual rule only says that an employer cannot let a driver work without getting the records... THAT makes sense.

I am going to file a complaint with FMCSA and contact the TruckersJusticeCenter depending on the response... I did authorize the release of records because it costs me nothing, but wtf is the point of having all this consent and privacy stuff if a driver can't decline. Evidently the clearinghouse is interpreting the article a little to broadly.

P.S: Notice the spelling error in the first word from the clearinghouse?

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
  • CSA:

    Compliance, Safety, Accountability (CSA)

    The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

    FMCSA:

    Federal Motor Carrier Safety Administration

    The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

    What Does The FMCSA Do?

    • Commercial Drivers' Licenses
    • Data and Analysis
    • Regulatory Compliance and Enforcement
    • Research and Technology
    • Safety Assistance
    • Support and Information Sharing

    CMV:

    Commercial Motor Vehicle

    A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

    • Weighs 10,001 pounds or more
    • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
    • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
    • Is designed or used to transport 9 or more passengers (including the driver) for compensation
    • Is transporting hazardous materials in a quantity requiring placards

    Fm:

    Dispatcher, Fleet Manager, Driver Manager

    The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Big Scott (CFI's biggest 's Comment
member avatar

That is the drug clearinghouse. All companies must comply and have your consent for soft inquiries.

You won't be able to fight it.

Chris L's Comment
member avatar

Oddball Check fire on replying to that email it's possible that you could be falling for a phishing scam! Most Government agencies will not contact you via email. You would get an official letter via USPS requesting information from you. Easy way to confirm if it's legit the email address would have a us.gov at the end. Hopefully you didn't give them any of your personal information. Hell I got a call tonight telling me that I'm currently a Federal Fugitive! I didn't recall being in Washington DC at any time last week? Humm???

Chris L's Comment
member avatar

Oddball Check fire on replying to that email it's possible that you could be falling for a phishing scam! Most Government agencies will not contact you via email. You would get an official letter via USPS requesting information from you. Easy way to confirm if it's legit the email address would have a us.gov at the end. Hopefully you didn't give them any of your personal information. Hell I got a call tonight telling me that I'm currently a Federal Fugitive! I didn't recall being in Washington DC at any time last week? Humm???

Oops! I re-read your post where you stated that a company that you previously applied to wanted your consent to get your information from the FMCSA Clearinghouse. I'm confused have you re-applied to this company? or you previously did? If you are currently not seeking employment from this company or offered employment why would they need to access your information from the clearinghouse? Sounds kinda hinkey!

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Banks's Comment
member avatar

I applied to UPS in May and they didn't run a clearinghouse check until August. It's not uncommon. I did a physical, a road test and filled out all my W-4, I9 paperwork before they did.

Oddball's Comment
member avatar

I applied to them about 2 weeks ago along with about 5 other companies, have since accepted another offer. I do appreciate the warning about phishing- the links were all .gov

double-quotes-start.png

Oddball Check fire on replying to that email it's possible that you could be falling for a phishing scam! Most Government agencies will not contact you via email. You would get an official letter via USPS requesting information from you. Easy way to confirm if it's legit the email address would have a us.gov at the end. Hopefully you didn't give them any of your personal information. Hell I got a call tonight telling me that I'm currently a Federal Fugitive! I didn't recall being in Washington DC at any time last week? Humm???

double-quotes-end.png

Oops! I re-read your post where you stated that a company that you previously applied to wanted your consent to get your information from the FMCSA Clearinghouse. I'm confused have you re-applied to this company? or you previously did? If you are currently not seeking employment from this company or offered employment why would they need to access your information from the clearinghouse? Sounds kinda hinkey!

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Oddball's Comment
member avatar

That is the drug clearinghouse. All companies must comply and have your consent for soft inquiries.

You won't be able to fight it.

My beef is that the clearinghouse misused the law to threaten me with revoking my CMV driving privileges unless I comply... That is not what the law says. The law says that an Employer may not permit a driver to perform xyz without checking the data.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards
PackRat's Comment
member avatar

If you had not set up an account on the FMCSA site, you are required to do this the first time for a query by an employer. From what I have heard and read, if this wasn't performed prior to 5 January 2021, the driver is in violation.

Did you do this?

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Greg M.'s Comment
member avatar

Refusal to provide your consent to this request will result in you being prohibited from operating a commercial motor vehicle or performing other safety-sensitive functions in accordance with 49 C.F.R. 382.703(c).

I don't see where they are saying anything is being revoked. You will be prohibited from operating a CMV because no employer will be able to let you.

double-quotes-start.png

That is the drug clearinghouse. All companies must comply and have your consent for soft inquiries.

You won't be able to fight it.

double-quotes-end.png

My beef is that the clearinghouse misused the law to threaten me with revoking my CMV driving privileges unless I comply... That is not what the law says. The law says that an Employer may not permit a driver to perform xyz without checking the data.

double-quotes-start.png

That is the drug clearinghouse. All companies must comply and have your consent for soft inquiries.

You won't be able to fight it.

double-quotes-end.png

My beef is that the clearinghouse misused the law to threaten me with revoking my CMV driving privileges unless I comply... That is not what the law says. The law says that an Employer may not permit a driver to perform xyz without checking the data.

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
  • CMV:

    Commercial Motor Vehicle

    A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

    • Weighs 10,001 pounds or more
    • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
    • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
    • Is designed or used to transport 9 or more passengers (including the driver) for compensation
    • Is transporting hazardous materials in a quantity requiring placards
KH's Comment
member avatar

My understanding is that drivers don’t need to register until they need to give consent for records to be released to an employer. My guess is that the wording of the messages that Oddball got were just a little vague and he could refuse consent for an employer where he no longer wanted to work without becoming ineligible to drive. But I guess I would just consent like you did unless I had a really good reason, and I can’t think what that would be.

Page 1 of 2 Next Page Go To Page:

New Reply:

New! Check out our help videos for a better understanding of our forum features

Bold
Italic
Underline
Quote
Photo
Link
Smiley
Links On TruckingTruth


example: TruckingTruth Homepage



example: https://www.truckingtruth.com
Submit
Cancel
Upload New Photo
Please enter a caption of one sentence or less:

Click on any of the buttons below to insert a link to that section of TruckingTruth:

Getting Started In Trucking High Road Training Program Company-Sponsored Training Programs Apply For Company-Sponsored Training Truck Driver's Career Guide Choosing A School Choosing A Company Truck Driving Schools Truck Driving Jobs Apply For Truck Driving Jobs DOT Physical Drug Testing Items To Pack Pre-Hire Letters CDL Practice Tests Trucking Company Reviews Brett's Book Leasing A Truck Pre-Trip Inspection Learn The Logbook Rules Sleep Apnea
Done
Done

0 characters so far - 5,500 maximum allowed.
Submit Preview

Preview:

Submit
Cancel

Join Us!

We have an awesome set of tools that will help you understand the trucking industry and prepare for a great start to your trucking career. Not only that, but everything we offer here at TruckingTruth is 100% free - no strings attached! Sign up now and get instant access to our member's section:
High Road Training Program Logo
  • The High Road Training Program
  • The High Road Article Series
  • The Friendliest Trucker's Forum Ever!
  • Email Updates When New Articles Are Posted

Apply For Paid CDL Training Through TruckingTruth

Did you know you can fill out one quick form here on TruckingTruth and apply to several companies at once for paid CDL training? Seriously! The application only takes one minute. You will speak with recruiters today. There is no obligation whatsoever. Learn more and apply here:

Apply For Paid CDL Training

About Us

TruckingTruth was founded by Brett Aquila (that's me!), a 15 year truck driving veteran, in January 2007. After 15 years on the road I wanted to help people understand the trucking industry and everything that came with the career and lifestyle of an over the road trucker. We'll help you make the right choices and prepare for a great start to your trucking career.

Read More

Becoming A Truck Driver

Becoming A Truck Driver is a dream we've all pondered at some point in our lives. We've all wondered if the adventure and challenges of life on the open road would suit us better than the ordinary day to day lives we've always known. At TruckingTruth we'll help you decide if trucking is right for you and help you get your career off to a great start.

Learn More