Drivers may challenge only the accuracy of the information reported to the Clearinghouse, not the accuracy of test results or refusals (note: exceptions listed below). The driver or the authorized representative submits a petition to the FMCSA to contest the accuracy of the information in the Clearinghouse. The petition can be submitted electronically in the Clearinghouse or in writing to:
Federal Motor Carrier Safety Administration (FMCSA)
Office of Enforcement and Compliance
Attention: Drug and Alcohol Program Manager
1200 New Jersey Avenue SE,
Washington, D.C. 20590
The information required for the petition includes:
- The petitioner’s name, address, telephone number, and CDL number and State of issuance
- A detailed description of the basis for the allegation that the information is not accurate
- Evidence supporting the allegation that the information is not accurate. Failure to submit evidence is cause for dismissing the petition
The FMCSA can take up to 45 days to inform the driver or the representative of their decision. They can remove, retain, or correct the information in the database and provide the basis for the decision.
An expedited request can be submitted if the driver is being prevented from performing his/her safety-sensitive positions. If FMCSA grants this request for expedited treatment, a decision will be provided in 14 days.
Drivers also have a right to request an administrative review if he/she believes an FMCSA decision was made in error. This review will be completed within 30 days and the FMCSA Associate Administrators decision will be final.
Whenever Clearinghouse information is corrected or removed, FMCSA will notify any employer that accessed the incorrect information that a correction or removal was made.
Click Here for detailed information regarding: PROCEDURES FOR CORRECTING INFORMATION IN THE DATABASE 382.17
For assistance with a petition to FMCSA to correct or delete inaccurate information contact [email protected]
* Exceptions to challenge the accuracy of the information reported to the Clearinghouse, not the accuracy of test results or refusals:
- Petitioners may request that FMCSA remove from the Clearinghouse an employer’s report of actual knowledge that the driver received a traffic citation for driving a commercial motor vehicle while under the influence of alcohol or controlled substances if the citation did not result in a conviction. For the purposes of this section, a conviction has the same meaning as used in 49 CFR part 383.
- Petitioners may request that FMCSA remove from the Clearinghouse an employer’s report of actual knowledge (other than as provided for in paragraph (a)(2)(i) of this section) if that report does not comply with the reporting requirements of the Clearinghouse as specified in § 382.705(b)(5).
- Petitioners may request that FMCSA remove from the Clearinghouse an employer’s report of a violation under 49 CFR 40.261(a)(1) or 40.191(a)(1) if that report does not comply with the reporting requirements in § 382.705(b)(3).
www.clearinghouseservices.com is available to assist drivers with their clearinghouse responsibilities. Contact us for any further questions.
