Federal Motor Carrier Testing Rules for Truck Driving Schools: Key Updates

Recent changes from the Federal Motor Carrier Safety Administration (FMCSA), following the Watson Enterprises of the Carolinas case, have clarified how truck driving schools should approach DOT pre-employment drug and alcohol testing for their students. This guide explains what the ruling means for driving schools, student drivers, and how to properly manage drug testing and violations in the Clearinghouse.

Court Decision: Testing Students vs. Employees

The key takeaway from the ruling is that truck driving schools cannot order DOT pre-employment drug tests for students unless those students are employees of the school. Here's what that means:

1. If a person is a student but not an employee, they must register as a student driver in the Clearinghouse.
2. Student drivers must be enrolled with a Consortium/Third Party Administrator (CTPA), which oversees their drug testing program.
3. Any drug tests conducted by the school as part of the admissions process are considered non-DOT tests and are not subject to DOT regulations.

When a Student Gets a CLP

Once a student obtains a Commercial Learner’s Permit (CLP):

1. They are subject to the same DOT testing rules as CDL holders.
2. However, any required DOT testing must still be managed through the CTPA—not the driving school.

Driving schools must avoid conducting DOT tests directly, or they risk submitting improper violations to the Clearinghouse.

Handling Positive Drug Tests for CLP Holders

If a student driver receives a positive drug test while enrolled in school:

1. Confirm who conducted the test:
   1. If the school conducted the test, it should not be listed in the Clearinghouse.
   2. If the CTPA conducted the test, it is a valid DOT violation and must remain in the Clearinghouse.
2. Appealing Improper Clearinghouse Entries:
   1. The student driver can file an appeal through FMCSA’s DataQ system, focusing on the fact that the test was improperly entered—not disputing the test result itself.
   2. If the appeal is approved, the violation is removed and no longer visible to employers. However, the process can take several weeks or months and approval is not guaranteed.

Guidance for SAPs and Employers

SAPs During the Appeal Process

FMCSA recommends that drivers complete the SAP process while their appeal is ongoing to minimize time away from work. If the appeal is successful:

1. The return-to-duty plan is canceled.
2. The violation is removed from the Clearinghouse.

SAPs should still perform assessments, provide treatment recommendations, and monitor the follow-up process until the outcome is determined.

Employer Responsibilities

Employers must:

1. Enforce only violations that were properly entered into the Clearinghouse.
2. Refer drivers with questionable entries to FMCSA to file a DataQ appeal.
3. Avoid penalizing drivers based on tests that were improperly administered by a non-employer.

Best Practices for Appeals

Drivers disputing a violation should include:

1. The name of the driving school
2. The date and result of the test
3. Documentation showing who ordered the test
4. The date the violation was posted in the Clearinghouse

Submitting detailed, organized documentation increases the chances of a successful appeal.

Final Thoughts

The Watson Enterprises case clarified a crucial distinction: DOT-regulated drug testing must be conducted by employers or authorized third-party administrators and not driving schools. Student drivers are responsible for enrolling with a CTPA and ensuring their tests follow DOT guidelines.

For those who receive a Clearinghouse violation in error, completing the SAP process while appealing remains the most reliable path to getting back on the road quickly. With clearer policies and adherence to these rules, schools, drivers, SAPs, and employers can all better navigate the evolving DOT testing landscape.