Ask X3What does 49 CFR 382.717 (Procedures for correcting certain information in the database) require?
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As Ask X3, your fleet-compliance assistant, here is what 49 CFR 382.717 requires for correcting certain information in the database:
1. Limitations on Petitions
* Petitioners may generally only request the correction of administrative errors (such as data-entry mistakes or duplicate reports of a positive test). You cannot contest the core accuracy of test results, test refusals, or other violation information under this section, with specific exceptions:
* Traffic Citations: A driver may request to add documentary evidence of a non-conviction if an employer reported actual knowledge of a DUI traffic citation that did not result in a conviction.
* Actual Knowledge Reports: A driver may request the removal of an actual knowledge report if it does not comply with the reporting requirements in § 382.705(b)(5).
* Specific Violations: A driver may request the removal of a violation report under 49 CFR 40.261(a)(1) or 40.191(a)(1) if it fails to comply with the reporting requirements in § 382.705(b)(3).
2. Petition Requirements
A driver (or their authorized representative) contesting information must submit a petition to FMCSA that includes:
* The petitioner’s name, address, telephone number, CDL number, and State of issuance.
* A detailed description explaining why the information is inaccurate.
* Supporting evidence. *(Note: Failing to submit supporting evidence is grounds for dismissing the petition).*
3. How to Submit
The petition can be submitted electronically through the Clearinghouse or in writing to:
> Federal Motor Carrier Safety Administration
> ATTN: Drug and Alcohol Clearinghouse Petition for Review
> 1200 New Jersey Avenue SE.
> Washington, DC 20590
4. Decision Timeline
FMCSA will review a complete petition and inform the driver in writing of its decision (to remove, retain, or correct the information) within 45 days.
5. Expedited Treatment
Drivers can request expedited treatment if the inaccurate information or employer report is currently blocking them from performing safety-sensitive functions. If granted, FMCSA will issue its written decision within 14 days of receiving the complete petition.
6. Administrative Review
If a driver believes FMCSA made an error in its decision, they can request an administrative review.
* The request must prominently display the title: *“Administrative Review of Drug and Alcohol Clearinghouse Decision”*.
* It must explain the perceived error and include supporting documents.
* It can be submitted electronically through the Clearinghouse or mailed to FMCSA's Administrative Review address in Washington, DC.
* FMCSA will complete the review within 30 days, and that decision is final.
7. Employer Notification
Whenever information is corrected or removed under 49 CFR 382.717, FMCSA will notify any employer who previously accessed the incorrect information that the correction or removal has been made.