Clearinghouse Regulation in Full Effect – But Issues Remain

It’s been just over a month since the DOT Clearinghouse went into effect. And although enforcement is in full swing, many users are still experiencing issues – especially during the registration process.

Related Content: Clearinghouse Resources Center 

The problem, is that companies must be registered in order to run queries and report violations – both of which are now required by all safety-sensitive employers (including owner operators). But if they’re unable to create an account, they aren’t able to fulfill these obligations. They also aren’t able to hire a new driver, as a pre-employment query is required before a new company driver is allowed to get behind the wheel.

Early last month, the FMCSA posted a notice on the Clearinghouse website that waived many of these new requirements for those users who were unable to access the website due to technical issues.  With reports from the agency that those issues have been resolved, the message has been removed. This, along with reports that auditors have begun asking about the Clearinghouse during reviews, indicate that full compliance is now expected – and that enforcement action may be taken for those who aren’t yet complying with the new regulation.

The Ability to Register is Not the Only Issue

Another problem we’re seeing at Foley are employers who have been able to register, but who have made mistakes in the process. This seems to be especially prevalent among owner-operators and employers who need to designate a Third Party Administrator.  Instead of selecting the name of their TPA, for example, they are actually designating themselves – making it difficult for their TPAs to access their account for the purpose of reporting violations or running queries on their behalf.

What was your registration experience like? If you’ve found the process confusing, or would like the help of a compliance expert to ensure your company is registered correctly, Foley can help. We’ll ensure your account is set up and ready to go so that you can meet these new Clearinghouse responsibilities.