Ask X3What does 49 CFR 382.725 (Access by State licensing authorities) require?
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Based on 49 CFR 382.725, state licensing authorities are required to handle Clearinghouse access and driver records in the following practical ways:
* Obtaining Records: Before November 18, 2024, a State's chief commercial driver's licensing official *may* obtain a driver's record from the Clearinghouse to determine if the driver is qualified to operate a commercial motor vehicle (CMV) if that driver has applied for a commercial driver's license (CDL) or commercial learner's permit (CLP). On or after November 18, 2024, obtaining that record becomes *mandatory*.
* Driver Consent: By applying for a CDL or CLP, drivers are automatically deemed to have consented to the release of their Clearinghouse information for this purpose.
* Use Limitations: The State official can only use the received information to determine an individual's qualifications to operate a CMV. They are strictly prohibited from sharing or allowing anyone else to share this information with any person or entity not directly involved in determining that qualification.
* Privacy Safeguards: State officials must take appropriate safeguards to protect the privacy and confidentiality of the obtained information; failing to do so will result in the revocation of their access rights under 49 CFR 382.725.