FMCSA Regulatory Change Coming to 413 (Effective Jan. 6, 2023)

Dear Valued Client,

Effective January 6th, 2023, the current requirement to complete a drug and alcohol background check using Form 413 when hiring a new driver will no longer be required. This is because the Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse will contain the minimum 3-year history on most regulated drivers, as required under the DOT drug and alcohol regulation Title 49 CFR Part 382.413.

What This Change Means For You

In most situations:

• During the hiring process, you no longer need to complete Form 413 to conduct background checks on drivers nor do you need to contact a driver’s previous employer.

• You must continue to conduct background checks on drivers by running a Drug and Alcohol Clearinghouse query to be in accordance with Title 49 CFR 382.701.

There are two scenarios when the above does not apply (and Form 413 must be used):

1. A Clearinghouse query reveals a driver has an incomplete follow-up testing program.

   Action Required: You must obtain the driver’s follow-up testing plan from their previous employer using Form 413. If you hire the driver, you must ensure the plan is completed.

2. A driver is subject to an alcohol and controlled substance testing program under the requirements of any DOT agency other than the FMCSA.

   Action Required: You must contact the driver’s previous employer to conduct a background check using Form 413.

DriverCheck Can Help!

DriverCheck has a team of Clearinghouse process and regulatory experts to help you remain in compliance with FMCSA regulations. If you are a DOT employer with FMCSA regulated drivers crossing the Canada-US border we can guide you through the Clearinghouse registration process, perform all required driver queries, stay in compliance with Title 49 CFR Part 382, Subpart G of the FMCSA regulations and help you avoid fines and other penalties from the DOT/FMCSA.

To learn how DriverCheck’s Clearinghouse team can help you, please contact: 1-800-463-4310 option 4 (account related inquiries), then option 3 (for Client Support), then option 1 (DOT and CH inquires) or email Clearinghouse@DriverCheck.ca.

Sincerely,

DriverCheck Team

Non-Compliance with the regulations can result in penalties including hefty monetary fines and criminal/civil proceedings. Contact us to help you stay in compliance.