§382.725 Access by State licensing authorities.

(a)(1) Before November 18, 2024, in order to determine whether a driver is qualified to operate a commercial motor vehicle, the chief commercial driver’s licensing official of a State may obtain the driver’s record from theClearinghouse if the driver has applied for a commercial driver’s license or commercial learner’s permit from that State.

(2) On or after November 18, 2024, in order to determine whether a driver is qualified to operate a commercial motor vehicle, the chief commercial driver’s licensing official of a State must obtain the driver’s record from the Clearinghouse if the driver has applied for a commercial driver’s license or commercial learner's permit from that State.

(b) By applying for a commercial driver’s license or a commercial learner's permit, a driver is deemed to have consented to the release of information from the Clearinghouse in accordance with this section.

(c) The chief commercial driver’s licensing official’s use of information received from the Clearinghouse is limited to determining an individual’s qualifications to operate a commercial motor vehicle. No chief commercial driver’s licensing official may divulge or permit any other person or entity to divulge any information from the Clearinghouse to any person or entity not directly involved in determining an individual’s qualifications to operate a commercial motor vehicle.

(d) A chief commercial driver’s licensing official who does not take appropriate safeguards to protect the privacy and confidentiality of information obtained under this section is subject to revocation of his or her right of access under this section.

[81 FR 87730, Dec. 5, 2016; 84 FR 68057, Dec. 13, 2019; 86 FR 35640, July 7, 2021; 86 FR 55742, Oct. 7, 2021]