Ask X3What does 49 CFR 382.703 (Driver consent to permit access to information in the Clearinghouse) require?
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According to 49 CFR 382.703, the requirements are:
* Obtaining and Retaining Consent: You cannot query the Clearinghouse to check for a driver's record without first getting their written or electronic consent. You must keep this consent on file for 3 years from the date of your last query.
* Accessing Detailed Records: Before you can access specific information in a driver's Clearinghouse record (such as positive drug/alcohol tests, test refusals, actual knowledge violations, return-to-duty information, or follow-up testing reports), the driver must submit electronic consent through the Clearinghouse granting you access.
* Prohibiting Safety-Sensitive Functions: You cannot allow a driver to perform a safety-sensitive function if they refuse to grant the required consent.