Oparater Is Scecing for Him Self Again

Now in outcome (since January vi, 2020); the new FMCSA Clearinghouse has rules and regulations that effect possessor operators in the trucking manufacture.  Past owner operators, nosotros are talking nigh an individual that employs himself or herself every bit a CDL driver – 1 truck, 1 driver equals the owner operator.

Possessor operators must register in the Clearinghouse.  If you are a self-employed CDL driver, do not annals as a driver. You lot will need to register equally an employer and, when prompted, identify yourself as an owner-operator (that is, an employer who employees himself or herself as a CDL commuter, typically a single-driver performance). View the registration instructions for employers.  Designating a C/TPA is a requirement for owner-operators (employers who utilise themselves equally CDL drivers, typically a single-driver operation). Owner-operators must designate a C/TPA before they can conduct queries or report violation information in the Clearinghouse.  Your C/TPA is typically your drug testing provider. A C/TPA must be registered in the Clearinghouse before y'all can designate them. If you do non encounter your C/TPA in your search results, contact them to ostend they have completed their Clearinghouse registration.

For possessor operators – You must qualify at least ane C/TPA to report violations and at to the lowest degree one C/TPA to report negative return-to-duty (RTD) information, including negative RTD test results and successful completion of RTD follow-up plans. You lot may authorize 1 C/TPA to fulfill both these functions. You may also authorize C/TPAs to conduct queries, withal this action is not required to exist performed by a C/TPA.  A C/TPA is a consortium or third-party administrator typically again your drug testing provider.

Once possessor operators register in the Clearinghouse, they need to add their CDL or CLP information to their profile. This volition allow you as a user to view your Clearinghouse tape and respond to consent requests.  The instructions for this are on the employer registration instructions.

Owner operators that need assistance with registration or need a C/TPA to work in the Clearinghouse on their behalf tin contact ClearinghouseServices.com for an possessor operator membership.

First fourth dimension owner operators will need in addition to a pre-employment negative drug exam, a total query in the Clearinghouse.  A full query determines if a current or prospective employee is prohibited from performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due to an unresolved drug and alcohol programme violation—that is, a violation for which the driver has not completed the return-to-duty (RTD) procedure.  The possessor operator can run the full query in the Clearinghouse on their own or seek assistance from a C/TPA. Instructions for running a full query are bachelor from the FMCSA Clearinghouse website.

The additional specific requirements for the owner operator in the Clearinghouse are as follows:

• All current employees—including yourself—must be queried at least annually. All queries crave commuter consent. Queries may be conducted by possessor-operators or C/TPAs.
• The possessor operator should select and purchase a query plan. Yous volition need to accept purchased a query programme before queries can exist conducted in the Clearinghouse by you or your C/TPA(s). For the unmarried driver owner operator, we recommend purchasing at least ii queries annually.
• If an owner-operator commits a drug and alcohol program violation, this information must be reported by the C/TPA.  This will include booze test results with a concentration of .04 or greater, refusals to take an alcohol or drug test, as well as actual cognition of a violation
• Positive drug test results are reported past the Medical Review Officer (MRO)
• For the owner operator, the C/TPA must written report negative Return to Duty test results and the successful completion of a driver's follow-upward testing plan.

Remember, under the Clearinghouse final dominion, an employer who employs himself or herself equally a CDL driver must designate a consortium/third-party ambassador (C/TPA) to comply with the employer'south Clearinghouse reporting requirements (§ 382.705(b)(6)).

Leased owner-operators will autumn under the DOT authority of the fleet leasing the commuter. The truck driver volition need an business relationship to provide consent to queries that fleets might conduct on the commuter.  A leased owner-operator is treated the aforementioned equally a company driver.  However, if yous also operate under your own DOT potency you will need to register as an employer and withing that registration you would add your commuter CDL information.ClearinghouseServices.com offers owner operators a membership that is perfect for these business owners to be in complete compliance with the Clearinghouse.  The membership will include unlimited consultation, employer required queries and required reporting of violations.

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Source: https://clearinghouseservices.com/owner-operators-and-the-fmcsa-clearinghouse-2/

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