Subpart G — Requirements and procedures for implementation of the commercial driver’s license Drug and Alcohol Clearinghouse

Question 1: What constitutes “non-conviction” for the purposes of the NEP [Notice of Enforcement Policy issued March 8, 2023]?

Guidance: As used in the NEP, the term “non-conviction” means that the charge of DUI in a CMV is dismissed without the imposition of fines, court costs or other punitive actions, or there is an unvacated adjudicated finding of not guilty. Terms that States may use to indicate a dismissal include Nolle Prosequi (Nolle Pros’d or Nolle Prossed), withdrawn, or discontinued. The term “non-conviction” does not include pleading guilty to a lesser charge (e.g., reckless driving).

Question 2: May a CDL driver who received a traffic citation for DUI in a CMV resume performing safety-sensitive functions before non-conviction is established?

Guidance: No. Drivers who wish to resume safety-sensitive functions before non-conviction has been established (i.e., before the citation has been dismissed or the driver is adjudicated not guilty) must comply with the RTD requirements in subpart O. Prior to non-conviction, an employer may not permit the driver to perform safety-sensitive functions until complying with RTD requirements.

Question 3: How will FMCSA know that a driver’s citation for DUI in a CMV resulted in non-conviction?

Guidance: To inform FMCSA of the non-conviction, drivers must submit acceptable documentary evidence of non-conviction following the procedures set forth in 382.717(c). 

Question 4: If the citation for DUI in a CMV results in non-conviction, when may the driver resume safety-sensitive functions?

Guidance: Drivers may resume performing safety-sensitive functions when FMCSA accepts the documentary evidence and changes the driver’s operating status in the Clearinghouse from “prohibited” to “not prohibited.” FMCSA will notify the driver that this information has been added to their record, as required by 49 CFR 382.707(a), and the driver may then log into their Clearinghouse account to verify the status change.

Note: If the driver is required to complete the return-to-duty process due to multiple drug and alcohol program violations, including the citation for DUI in a CMV, the driver will be required to complete the return-to-duty process to resolve the other violations before resuming safety-sensitive functions.

Question 5: If a driver’s citation for DUI in a CMV results in non-conviction and FMCSA accepts documentary evidence of non-conviction and changes the driver’s operating status from “prohibited” to “not prohibited,” must the employer comply with the Clearinghouse reporting requirements in 49 CFR 382.705(b)(1)(ii) and (v)?

Guidance: No. Under the NEP [Notice of Enforcement Policy issued March 8, 2023], FMCSA will not enforce the employer reporting requirements for RTD and follow-up testing [in] 49 CFR 382.705(b)(1)(ii) and (v) when a driver’s citation for DUI in a CMV results in non-conviction and FMCSA changes the driver’s operating status from “prohibited” to “not prohibited” based [on] acceptable documentary evidence of non-conviction submitted by the driver.