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A large white Scania truck drives on a clear road against a blue sky. Text reads: "Clearinghouse Compliance. Your 9-Point Checklist For 2023".

January 4, 2023

The New Year has begun and there is a lot to be done. Your clearinghouse registration requirements might not be as clear to you as you thought they were but this is exactly what we are here to clarify. The new FMCSA drug and alcohol clearinghouse regulations should always be implemented correctly and without fail. It should be one of the top concerns for your company and you as an employer. When you want to make sure that all your drivers and safety-sensitive position holders are in order and have absolutely no glitches in their track record, you need to focus on your clearinghouse responsibility and do the needful without any delays. The following section talks about a few things that make the FMCSA clearinghouse regulations highly critical for your company. Let’s discuss:

1. Understand Driver Awareness

The clearinghouse registration/regulation stresses driver awareness. It is important for you as an employer to notify all your drivers and safety-sensitive position holders so that they can register or provide consent for the clearinghouse requirement. Any driver who is left out will end up not complying with this rule laid down by the authorities. It is also going to result in your business being non-compliant. Remember, each one of your existing drivers and potential employees need to provide their consent without fail.

2. Assisting In The Recruitment Process

The clearinghouse requirement is also critical for the recruitment process of any business involved in the transport sector or any other industry that is regulated by the US department of transportation. The clearinghouse is basically a data reservoir that provides information on drivers to all the probable employers who are looking to hire them for any job responsibility. It speeds up their recruitment process and gives them the surety that the driver has not had any drug or alcohol-related violations. Even if the driver has had any violations, there will be ample information about the same and the corrective procedures that he has followed post that violation.

3. Onboarding And Communication With Everyone

When you are in the process of maintaining clearinghouse registration/compliance with the FMCSA, it is important for you to educate your drivers regarding the same. Explain to them just how significant this regulation is and how it is going to impact their employment and rating with the authorities as well.

4. Safety For Your Employees

When you have adequate and appropriate information about all your drivers and safety-sensitive position holders both the existing ones and the ones that you wish to employ, you can rest assured that every employee at your workplace is going to be safe. When you are certain that there are no violations under the name of any driver, it gives you a sense of peace and security. Also, when you have clarity about whether any driver who has had any violations in the past, has been through corrective procedures and follow-up testing, you have a surety that nothing is going to go wrong while maintaining the safety of all your workers, employees, and safety-sensitive position holders in your organization.

5. Register With The FMCSA Clearinghouse On Time

It is advised to associate with a highly skilled, qualified, and dependable third-party administrator. They are going to do the needful for you including getting you to register with the clearinghouse. They will also guide you on which query plan in the clearinghouse you should purchase. You get vast information and education about the various obligations that you are required to fulfill before you hire any employee and also while maintaining compliance throughout the year.

6. Understanding The Pre-Hire Requirement

As an employer, you are required to conduct a full query of the driver to make sure that he is not prohibited to perform any safety-sensitive job responsibilities. Make sure that the electronic consent is provided by the driver directly to the clearinghouse. This is what enables the clearinghouse to release that information in the first place.

7. The Annual Query Requirement For Every Driver

is signed by the driver outside of the clearinghouse. Also, this consent can be electronic if the driver wishes to do so. If you find any information related to the driver after performing a limited query, you are required to conduct a full query in the clearinghouse within 24 hours.

8. Maintaining Your DQF

You must be wondering what all information goes into your driver qualification file. You will have to retain the results that you obtain from the clearinghouse query in your driver qualification file. In addition to this, you are also required to update your list of consumer reporting agencies. This is as per the 1681m Notice and California Disclosure rule. You will also have to include the FMCSA clearinghouse contact information along with it. It is also important to ensure that your drug and alcohol policy and the entire training module include this clearinghouse information. This helps you comply with 49 CFR 382.601 obligations.

9. The Information The FMCSA Clearinghouse Retains

  • Verified positive test result
  • Alcohol confirmation
  • Test refusal to submit to any test

Remember, the final rule or any of the latest changes or amendments made to the clearinghouse requirement, if any, do not change any of the existing requirements in Part 40. The procedures that are in place for your workplace drug and alcohol testing policies are going to remain the same.

Let’s Wrap It Up For Now

In the end, remember that all your drivers are allowed to update or correct their information in the clearinghouse. Clearinghouse registration allows them to request corrections very easily. The drivers are allowed to challenge the accuracy of the information that they may have reported by mistake. The accuracy or validity of the drug and alcohol tests that they may have appeared for or any of the refusals that they may have exhibited cannot be challenged or changed.

FAQ

What Happens If You Fail a DOT Inspection?

If the vehicle or driver is deemed unsafe, they may be placed out of service, meaning the vehicle cannot operate until all violations are properly corrected.

Who decides which level of inspection to perform?

Both the Commercial Vehicle Safety Alliance (CVSA) and the Federal Motor Carrier Safety Administration have a part in DOT inspection levels. The CVSA develops the criteria and sets the procedures for every inspection level. The FMCSA establishes overall regulations and determines which vehicles must be inspected.

How often do DOT inspections happen?

DOT inspections can happen at any time. They most commonly happen during roadside stops and weigh stations. Carriers with higher risk, poor safety records, or hazardous material may be inspected more frequently.

What documents are required during an inspection?

Documents required during an inspection include but may not be limited to:

  • State driver’s license or commercial driver’s license
  • Medical examiner’s certificate
  • Record of duty status
  • Vehicle registrations
  • Periodic inspections document for all vehicles being operated
  • Shipping papers or bills of lading
  • Information for hazardous materials being transported
  • Proof of insurance

What are common DOT inspection violations?

According to the FMCSA, the 5 most cited roadside violations are:

  1. False Report of Driver’s Record of Duty Status: log falsification providing inaccurate or intentionally altered duty-status information.
  2. No Record of Duty Status (ELD Required): using a commercial vehicle without the required electronic logging device or valid time records.
  3. Inoperable Required Lamp: crucial lights (headlights, brake lights, turn signals, etc.) are not functioning properly.
  4. Operating a Commercial Motor Vehicle Without a Commercial Driver’s License (CDL)
  5. Operating a Commercial Motor Vehicle Without Proof of a Periodic Inspection: failure to meet FMCSA the maintenance standards of a required annual inspection.

Why is updating VMT important for compliance?

VMT is tracked to determine fuel tax obligations (Vehicle Miles Traveled Tax) used for road maintenance and improvements. Trucking companies must keep accurate records of VMT to ensure they pay the correct amount of taxes.

How often should VMT be updated?

For motor carriers VMT must be updated every two years along with the MCS-150 form for the Biennial Update.

Can VMT be tracked automatically with technology?

Yes, Electronic Legging Devices (ELDs), Fleet Management Apps, and Mileage Tracking Software are all technological advancements that can simplify the process of VMT tracking.

How does VMT affect taxes and fuel reporting?

Accurate VMT records help document mileage for business-related tax deductions, ensuring compliance with IRS regulations. It also supports fuel tax reporting by tracking the miles each vehicle travels in different jurisdictions, which is essential for state and federal fuel tax calculations. Proper tracking reduces errors, prevents penalties, and provides a clear record of operational costs.

How do I know when my Biennial Update is due?

  • Your filing schedule depends on the last two digits of your USDOT number. The last digit corresponds with what month the form needs to be filed in. January is 1, February is 2, March is 3, etc. The next to last digit determines the year (odd-numbered year or even numbered year). For example, DOT number 1234567 files their biennial update in July (7) of every even year (6). Contact us today to see if you’re due.

Does the Biennial Update cost money to file?

While you can file your Biennial Update yourself for no cost through FMCSA. The process can often be confusing and time-consuming. Our team can handle your filing for you, simplifying the process for you.

Do intrastate carriers need to file the update?

Yes, even if carriers stay within state lines, a biennial update is still needed for their USDOT number.

What happens if I miss my filing deadline?

  • Failure to complete biennial update to FMCSA can be subject to fines with a maximum penalty of $10,000. If your update is past due, you can still file it to restore your compliance status. Contact us today to file your form! https://dotcompliancegroup.com/bu-update/ 

What are the new FMCSA rules in 2025?

  1. Civil Penalty Amount Increases
  2. Drug & Alcohol Clearinghouse Becomes Exclusive Source for checking driver history.
  3. ELD Technology Required
  4. SMS (Safety Measurement System) Modernization
  5. Crash Preventability Determination Program Expanded

When do the 2025 FMCSA regulations take effect?

The confirmed dates these regulations take effect is May 30, June 23, October 1, 2025.

How can trucking companies prepare for these changes?

Regularly reviewing your Safety Measurement System (SMS) scores and maintaining personal checklists for inspections, driver qualification files, and drug and alcohol testing helps catch issues before they affect audits. Partnering with DOT Compliance Group streamlines filings, reporting, and ongoing monitoring, taking the guesswork out of FMCSA regulations and keeping your operation audit-ready year-round.

What Triggers a DOT Compliance Review?

A DOT compliance review is triggered when FMCSA wants to ensure a carrier is following safety regulations. Common triggers include high SMS safety scores, a history of crashes or violations, and previous noncompliance. Staying proactive with accurate records, driver files, and regular internal audits helps reduce the likelihood of a review.

Where can I get help with FMCSA filings?

DOT Compliance Group can assist with any help or questions you may have about FMCSA filings. Call 972-476-9962.

How long are violations kept on record?

According to the Clearinghouse rules, drug and alcohol violations remain in the FMCSA Clearinghouse for five years, provided all requirements (such as completing the return‑to‑duty process) have been met before that period ends.

What if an employer makes a mistake in reporting?

In practice, correcting an employer reporting error typically involves identifying the mistake in the database and then submitting a request for correction through the Clearinghouse portal or FMCSA procedures, so the record reflects accurate information. 

What are the penalties for non-compliance?

FMCSA rules allow civil penalties for non‑compliance, and separate authorities note that employers who fail to meet Clearinghouse requirements may face civil fines or criminal penalties under federal regulations.

Do trucking companies check the Clearinghouse?

Yes — trucking companies check the Clearinghouse as part of their hiring and compliance process. The FMCSA Clearinghouse is designed so employers can search a driver’s drug and alcohol violation records before permitting them to operate a commercial vehicle. Employers are required to conduct these queries for both prospective and current drivers as part of compliance.

How MOTUS Changes Daily Compliance Operations

MOTUS primarily changes system access and verification, not safety rules. Login issues, verification delays, or profile errors could temporarily affect filing ability if not addressed early. Even when regulations themselves remain unchanged, system transitions can create operational confusion. Proper preparation helps prevent disruptions in daily compliance operations.

When will MOTUS fully launch for motor carriers?

Phase 2 of MOTUS, which includes motor carriers, brokers, and freight forwarders, is expected mid-to-late 2026. During this phase, users will create accounts, complete business verification, and begin filing through the system. Post-launch enhancements and refinements will continue afterward.

Who is required to use MOTUS?

MOTUS will apply to interstate carriers, brokers, freight forwarders, passenger carriers, and Mexico-domiciled carriers operating in the U.S. Intrastate requirements remain governed by state regulations, though some states still require USDOT registration. For authority holders, additional insight is available in our guide to Motus registration for carriers and brokers.

Does MOTUS replace the FMCSA Portal?

MOTUS does not directly replace the FMCSA Portal. It modernizes and centralizes functions currently spread across multiple systems. Over time, it will replace legacy registration platforms.

Does MOTUS replace the Unified Registration System (URS)?

MOTUS is part of the FMCSA’s broader modernization effort and is intended to replace fragmented registration processes, including legacy URS functions. It consolidates and modernizes legacy registration systems over time, but does not change the core regulatory requirements for carriers.

Will MOTUS eliminate MC, FF, or MX numbers?

No, MOTUS will not eliminate MC, FF, or MX numbers. The modernization affects access and verification — not authority structure. Existing authority numbers stay valid; MOTUS only changes how registration data is accessed and managed.

What documents are required for a DOT audit?

Documents required during an inspection include but may not be limited to:

  • State driver’s license or commercial driver’s license
  • Medical examiner’s certificate
  • Record of duty status
  • Vehicle registrations
  • Periodic inspections document for all vehicles being operated
  • Shipping papers or bills of lading
  • Information for hazardous materials being transported
  • Proof of insurance

Who must comply with DOT regulations?

Any business operating a Commercial Motor Vehicle (CMV) with a USDOT number is required to comply with DOT regulations. This requirement applies to motor carriers, freight forwarders, brokers, and companies operating under a hazardous materials permit.

How can companies avoid common DOT violations?

Companies can avoid common DOT violations by maintaining accurate records, including driver logs, vehicle inspections, and required documents. Regular vehicle maintenance and pre-trip inspections help prevent safety-related violations. Proper training ensures drivers follow Hours-Of-Service rules, secure cargo correctly, and meet CDL and medical requirements. Using technology like ELDs and fleet management software can streamline compliance and reduce the risk of penalties.

What happens during a DOT compliance review?

During a DOT compliance review, or audit, officers review both the vehicle and the driver to ensure compliance with federal and state regulations. They check registration, insurance, inspection reports, and inspect safety equipment and vehicle systems for proper operation. Drivers’ licenses, medical cards, hours-of-service records, and logbooks or ELDs are also examined. The inspection helps identify violations and ensure safety on the road.

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