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Text on a red background reads: "Penalties For Non-Compliance With The Drug & Alcohol Clearinghouse 2023." Below, an image of a semi-truck driving at dusk, surrounded by abstract circular designs.

July 5, 2023

Non-compliance with drug and alcohol Clearinghouse regulations can result in severe penalties. Learn about the compliance requirements here.

For trucking and transport companies, the health of their drivers is a critical part of the business. Employing drivers with existing drug or alcohol problems increases the risk of mishaps for drivers and other road users.

As part of the transportation industry’s effort to improve safety, the U.S. Department of Transportation (USDOT) has established the Drug and Alcohol Clearinghouse (DACH).

With this new initiative, employers and other DOT-related drivers are now expected to meet the requirements set by the USDOT or be penalized for non-compliance. Here’s what you need to know about the DACH and its related penalties.

What Is the Drug and Alcohol Clearinghouse?

The Drug and Alcohol Clearinghouse is a database established by the Federal Motor Carrier Safety Administration (FMCSA) in the United States. It serves as a central repository of drug and alcohol testing violation information for safety-sensitive commercial motor vehicle (CMV) drivers, such as those in the trucking and logistics industry.

It’s designed to help employers, medical review officers, substance abuse professionals, and enforcement agencies monitor and track compliance and employee behavior of truck drivers with federal drug and alcohol testing regulations. It is also used to screen potential employees as part of the pre-employment or return-to-duty process.

Any trucking company that plans to hire a safety-sensitive driver with a commercial driver’s license must register with the Clearinghouse and obtain authorization from FMCSA so that they can access the related drug and alcohol violations in the system.

Why Does the Clearinghouse Exist?

The FMCSA established the DACH to improve safety on our roads by making sure CMV drivers are not under the influence of controlled substances or alcohol while on the road, thereby reducing the risk of accidents.

It achieves this by helping employers, and enforcement agencies ensure that CMV drivers are compliant with federal drug and alcohol testing regulations.

Because of the centralized information stored in the DACH, it’s easy for employers to find out if potential job applicants have drug or alcohol program violations. This ensures that only safe and compliant drivers are hired.

It also gives enforcement personnel access to a record of violations located in a single database, which makes it easier to track violations and spot concerning trends in driver behavior.

While the Drug and Alcohol Clearinghouse is intended to help protect public safety, it does come with penalties for non-compliance. Some of the penalties are:

1. Civil penalty: Employers who fail to comply with the DACH and FMCSA requirements could face heavy fines. For example, commercial driver’s license (CDL) violations have a $6,755 fine as of 2023. A more detailed itinerary of 2023 fines is provided here.

2. Revocation of commercial driver’s license: Drivers who fail to comply with the DACH requirements may be disqualified from operating a CMV.

3. Suspension or revocation of operating authority: Trucking or logistics companies that fail to comply with the DACH requirements may have their operating authority suspended or revoked.

4. Other penalties: Employers who fail to comply with the DACH requirements may also face penalties, such as suspension of their DOT number or a cease-and-desist order.

What Kind of Drug or Alcohol Violations Get Reported?

The Clearinghouse collects and reports information on violations such as positive controlled substances tests, refusals to test, and completion of the return-to-duty process after a violation.

It also tracks violations related to the release of information from the system, such as misuse of information or failure to report violations.

How to Get Registered

To register for the DACH, employers, including owner-operators, must have an active USDOT number. Registration is done via the FMSCA website. You will also be asked for basic information, such as name, address, contact information, etc.

There are also specific requirements when you’re registering as:

Once registered, employers can request consent to run a full query on a driver to check if they are compliant.

Meanwhile, drivers need to provide additional information such as their commercial driver’s license number, Social Security number, and date of birth.

However, the registration process may require additional information and documentation depending on your organization’s specific circumstances. It’s best to be prepared to provide accurate and up-to-date information during the registration process.

Recent Clearinghouse Regulations Changes

Effective January 6, 2023, there will be changes to the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse pre-employment requirements.

Beginning the said date, Clearinghouse will have accumulated three years of violation data, and a pre-employment query will fulfill the obligation to examine if a potential driver has prior drug and alcohol program violations, as mandated by 49 CFR 391.23(e). This will also meet the requirements outlined in 49 CFR 40.25.

The FMCSA also updated its rules for drug and alcohol testing effective on June 1, 2023. This includes an additional method for testing, oral fluid specimen collection, which may have a small change for the Clearinghouse database.

The FMCSA also increased their fines for all transportation-related penalties, including drug and alcohol violations, effective January 6, 2023.

It is also important to emphasize the following existing DACH regulations:

1. Employers must run annual queries on their safety-sensitive drivers to ensure continued compliance regarding this regulation.

2. Medical review officers must report alcohol test results greater than 0.04 BAC to the Clearinghouse.

3. Employers must obtain consent from drivers before conducting queries in the DACH. This means that employers must receive explicit consent from drivers to access their complete drug and alcohol testing records in the Clearinghouse.

To stay informed about any potential updates or changes to the Drug and Alcohol Clearinghouse, it is recommended to monitor the FMCSA website and subscribe to their news updates.

What Does the FMCSA Clearinghouse Report Tell Us?

The FMCSA Clearinghouse can provide reports that contain important information for employers and enforcement agencies to ensure compliance with the DACH regulations. It includes the following information:

1. Positive drug and alcohol test results conducted by employers or medical review officers, including any reasonable suspicion testing done.

2. The driver’s refusal to be tested.

3. Any return-to-duty tests following drug or alcohol program violations.

4. Follow-up tests on their drivers.

5. Documentation for the query consent process between employers and drivers.

What Substances Are Drivers Testing Positive for the Most?

According to the FMCSA, many drivers receive a positive test on the following controlled substances:

  1. Marijuana (THC): This is largely due to the increasing legalization and decriminalization of marijuana in various states, leading to more widespread use. Even though marijuana may be legal in certain areas, its use remains prohibited for safety-sensitive positions, including operating CMVs.
  2. Cocaine: It’s a stimulant drug that can impair cognitive function, judgment, and reaction time.
  3. Amphetamines: This includes drugs like methamphetamine and dextroamphetamine. These stimulant substances can affect alertness, focus, and decision-making abilities.

It’s important for employers to be aware of current trends in drug use and abuse so they can create policies and procedures that reduce the risk of violations and ensure compliance with the DACH regulations.

What Does this Data Mean for DOT-Regulated Businesses?

For DOT-regulated businesses like those in the trucking industry, the DACH is an important tool to ensure compliance with regulations on testing for drug and alcohol use. It’s meant to help protect their businesses, provide a safe working environment for drivers, and increase road safety.

The data also provides insight into drug use and abuse trends, allowing employers to create policies that address these issues and reduce the risk of violations and road mishaps.

What Should You Look for in a DOT Compliance Partner?

Having a DOT compliance partner will help make it easier for your business to be updated with the latest regulations and comply with DACH requirements. When looking for a partner, you should consider the following:

A Program that Actually Keeps You Compliant

It’s important to have a partner that can provide solutions customized to your business needs. DOT Compliance Group offers programs that ensure you stay compliant with the DACH regulations and protect your organization from costly fines or penalties.

Digital Compliance Program Management

The DACH has a set of digital tools and software solutions to streamline and automate the compliance processes associated with the Clearinghouse requirements.

A good compliance partner can help you manage these digital programs to make it easier for you to maintain accurate records, comply with regulations, and oversee testing programs.

Nationwide Network of Testing Locations

The FMCSA also requires employers to have access to a network of drug and alcohol testing sites that meet the requirements of the regulations. A good compliance partner can make it easy for you to find and access these sites, as well as provide training for your designated representatives.

This will help ensure that your drivers are tested in a safe and compliant manner and that their records are properly maintained.

DOT Clearinghouse Compliance Program

Many DOT-regulated businesses need assistance with creating and maintaining compliant programs. Look for a partner that can provide you with a customized program that meets your specific needs, such as providing software solutions for managing queries, scheduling drug and alcohol tests, tracking records, and more.

Electronic Chain of Custody Form (eCCF) Capabilities

In addition to providing electronic software solutions for managing your compliance program, a good partner can provide you with an eCCF that meets the requirements of the FMCSA. This form helps make it easier to track and store records in a secure, compliant manner.

A Partner That Keeps Up with Changing Regulations

The DOT is continuously updating its requirements, which you may not be able to track consistently. A good partner like DOT Compliance Group can monitor these changes for your business.

This way, you’ll always be aware of the latest developments in DOT regulations, such as the recent ruling on oral fluid testing, so your company can stay compliant and reduce the risk of penalties and other potential issues.

Stay Compliant with DOT Compliance Group

Compliance with the Drug and Alcohol Clearinghouse regulations is essential for any DOT-regulated business. By finding a partner that can keep you updated on the latest requirements and provide you with software solutions for managing your compliance program, you can ensure that your business stays compliant with the FMCSA regulations.

Contact us today at https://www.dotcompliancegroup.com to learn more about how we can help your organization stay compliant!

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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