Get Ahold Of This BS From FMCSA Clearinghouse

Topic 29428 | Page 2

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Oddball's Comment
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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.

I did consent and while I'm not one of those 'don't tread on me types', I take is seriously when a govt. entity goes far beyond the letter of the law/ or at least sends out official communications that were not properly vetted to be in accordance with the law.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
KH's Comment
member avatar

double-quotes-start.png

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.

double-quotes-end.png

I did consent and while I'm not one of those 'don't tread on me types', I take is seriously when a govt. entity goes far beyond the letter of the law/ or at least sends out official communications that were not properly vetted to be in accordance with the law.

I understand, and I think you should ask for clarification if you want to follow up on it. I guess what I was saying is I believe they weren’t trying to overstep their authority or tell you something that’s incorrect, but it’s just that it isn’t as clear as it should be.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Oddball'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.

That's the thing, the law - even the intent of the law- does NOT say that If a driver doesn't consent, he would loose his driving privileges. It says that no employer can let you drive before obtaining the clearinghouse record with consent. Therefore I can continue to drive for the company I work for because I consented to their inquiry, but I cannot drive for the one I have not given consent to.

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

    OOS:

    When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

PackRat's Comment
member avatar

If you are at one company, registered with the Clearinghouse, you are good to go at that company.

If you go to another company, you will have to log onto the Clearinghouse site once more, giving the new employer permission to query your record.

KH's Comment
member avatar

Just to explain what I meant, I think when they say “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 ...” I think maybe they mean “for that employer” and they just didn’t make it clear. But anyway, if you find out for sure I hope you’ll let us know.

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
Oddball's Comment
member avatar

Just to explain what I meant, I think when they say “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 ...” I think maybe they mean “for that employer” and they just didn’t make it clear. But anyway, if you find out for sure I hope you’ll let us know.

Yeah! You would figure that would be what is meant given the language of the law, but what they did send is a far cry from that gist. I am determined to get to the bottom of it and will definitely keep everyone posted.

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
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