(a) To determine whether a driver is qualified to operate a commercial motor vehicle (CMV), the chief commercial driver’s licensing official of a State must obtain the driver’s record from the Clearinghouse if the driver has applied for a commercial driver’s license (CDL) in that State.

(b) By applying for a commercial driver’s license, a driver is deemed to have consented to the release of information from the Clearinghouse in accordance with this section.

(c) The chief commercial driver’s licensing official’s use of information received from the Clearinghouse is limited solely to determining an individual’s qualifications to operate a commercial motor vehicle. No chief driver’s licensing official may disclose—or permit any other person or entity to disclose—any Clearinghouse information to anyone not directly involved in determining an individual’s qualifications to operate a commercial motor vehicle.

(d) A chief commercial driver’s licensing official who fails to implement appropriate safeguards to protect the privacy and confidentiality of information obtained under this section may have their Clearinghouse access rights revoked.

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