Clearinghouse Queries: Pre-Employment, Annual and Limited

Registering in the Clearinghouse is the first half of the job. The second half is running queries, and that is the part carriers forget a year later. Every employer of a CDL driver has to query the Clearinghouse before a driver’s first safety-sensitive work and again at least once a year. If you run one truck and drive it yourself, you are that employer, and the driver you query is you. This guide covers the two kinds of query, when each is due, what consent you need, and who actually runs the queries for a one-truck carrier.

If you have not registered yet, start with our step-by-step guide to FMCSA Clearinghouse registration for owner-operators. Everything below assumes your employer account exists and you have designated a C/TPA.

Two kinds of query, and what each one tells you

A query is an electronic check of a driver’s Clearinghouse record. FMCSA’s query plan page describes it as a check, run by an employer or its designated C/TPA, of whether a current or prospective employee is prohibited from safety-sensitive functions because of an unresolved drug and alcohol program violation. There are two types.

• Limited query. It checks only whether any information exists in the driver’s record. Under 49 CFR 382.701(b)(2), it “will tell the employer whether there is information about the individual driver in the Clearinghouse, but will not release that information to the employer.” Consent is collected outside the Clearinghouse.
• Full query. It releases the details. FMCSA says full queries “will disclose to employers and C/TPAs detailed information about any resolved or unresolved violations” in the record. The driver has to give specific electronic consent inside the Clearinghouse first.

The price is the same for both. FMCSA lists a “Flat per query rate ($1.25), for limited and full queries,” sold in bundles, and states that “Queries never expire.” A bundle bought today still covers next year’s annual query.

The pre-employment query: full, consented, before the first load

Under 49 CFR 382.701(a), employers “must not employ a driver subject to controlled substances and alcohol testing under this part to perform a safety-sensitive function without first conducting a pre-employment query.” The rule then says which kind: “The employer must conduct a full query.” A limited query does not satisfy the pre-employment requirement. FMCSA’s plan page puts it the same way: full queries “include all pre-employment queries.”

Here is how a pre-employment query runs in practice:

• The driver needs a Clearinghouse account. FMCSA’s queries FAQ says drivers are not required to register in general, but a driver “will need to be registered to provide electronic consent in the Clearinghouse if a prospective or current employer needs to conduct a full query of the driver’s Clearinghouse record,” and that this covers all pre-employment queries. A new hire without an account cannot consent, and the query stalls.
• You request the query, and the driver approves it. The full query is processed once the driver gives electronic consent in the Clearinghouse. Until then the request just waits.
• The result decides whether the driver can start. Under 382.701(d), you may not let the driver perform safety-sensitive functions if the record shows a violation, unless the record also shows the return-to-duty process completed as that paragraph describes.

One change helps small carriers. Since January 6, 2023, FMCSA’s queries and consent FAQ says the pre-employment Clearinghouse query satisfies the previous-employer drug and alcohol inquiry in 382.413(b) and 391.23(e)(4) for drivers who tested under FMCSA rules. If the driver previously tested under another DOT agency, such as the FRA, FTA or FAA, you still request that history from those employers directly, because those violations are not reported to the Clearinghouse. 382.413(b) also keeps one manual step: if a driver has not finished all follow-up tests, you request the follow-up testing plan from the previous employer directly.

The annual query: limited is enough, most of the time

Under 382.701(b)(1), employers “must conduct a query of the Clearinghouse at least once per year for information for all employees subject to controlled substance and alcohol testing.” Paragraph (b)(2) lets you use a limited query for this “in lieu of a full query,” and adds that the driver “may give consent to conduct limited queries that is effective for more than one year.”

Two details decide when the next annual query is due:

• The clock is rolling, not calendar. FMCSA’s FAQ says the annual requirement “is tracked on a rolling 12-month (365-day) basis.” Its example: a pre-employment query on December 1, 2022 means the next query is not required until December 1, 2023. A query in January does not cover the whole calendar year.
• A follow-on full query resets it. If you receive a change notification and complete a follow-on query, FMCSA says that query satisfies the annual requirement, and the rolling 12 months restart from its date.

For an owner-operator, the annual query includes you. FMCSA’s Clearinghouse brochure for owner-operators says all current employees, yourself included, must be queried at least annually. Holding your own authority does not exempt you from querying yourself.

When a limited query comes back with information

A limited query result that says information exists is not a violation finding. It only means there is something in the record. It does, however, start a short clock.

• 24 hours to run the full query. Under 382.701(b)(3), the employer “must conduct a full query … within 24 hours of conducting the limited query.” If that does not happen, “the employer must not allow the driver to continue to perform any safety-sensitive function” until a full query confirms there are no prohibitions.
• You pay once. FMCSA’s plan page says that when a limited query shows information and you follow up with a full query, “the employer will only be charged once for both queries.”
• The driver still has to consent. The full query needs the driver’s specific electronic consent in the Clearinghouse, even though the limited consent is already on file. Plan for that within the 24 hours.

Separately, FMCSA watches records after you query them. Under 382.701(c), FMCSA notifies the employer if new violation information is entered in the 30 days after a query. FMCSA’s FAQ describes a wider practice since March 8, 2023: an email goes out if a queried driver has new information recorded “within 12 months of a pre-employment or annual query.” On such a notice, FMCSA says the employer “should complete a full follow-on query within 24 hours.” If the driver refuses consent, the driver comes off safety-sensitive work until a full query is run and the results are in.

Consent: what you collect, where, and how long you keep it

No query of any kind runs without consent. 49 CFR 382.703(a) says “No employer may query the Clearinghouse to determine whether a record exists for any particular driver without first obtaining that driver’s written or electronic consent,” and the employer “must retain the consent for 3 years from the date of the last query.”

• Limited query consent is a general consent you collect outside the Clearinghouse, usually on paper or a signed PDF. It can cover more than one year. FMCSA publishes a sample limited consent form, and its FAQ says employers may obtain a multi-year general consent for limited queries.
• Full query consent is specific and electronic. Under 382.703(b), the driver must submit consent through the Clearinghouse before the employer can see the record, and FMCSA’s FAQ adds that it is given “prior to each full query.” A pre-employment consent does not carry over to next year.
• Refusal means no driving. 382.703(c): “No employer may permit a driver to perform a safety-sensitive function if the driver refuses to grant the consent required.”

Keep the query records too. Under 382.701(e), employers must retain a record of each query and the response for 3 years, and “as of January 6, 2023, an employer who maintains a valid registration fulfills this requirement.” The signed limited consent form is different: 382.703(a) puts its 3-year retention on you, so file it where you can find it during an audit.

Who runs the queries for a one-truck carrier

A one-truck carrier sits on both sides of the rule. FMCSA’s FAQ answers the question “Does an owner-operator have to conduct queries on himself/herself?” with “Yes,” and adds that owner-operators “must comply with all Clearinghouse requirements imposed on both employers and employees.” In practice the roles split like this:

• You buy the query plan. FMCSA says employers “must purchase a query plan to ensure they and their designated C/TPAs can conduct queries,” and “C/TPAs cannot purchase queries on behalf of employers.” Plans are sold “from the FMCSA Clearinghouse only.”
• Your C/TPA can run the queries. FMCSA says “An owner-operator’s designated consortium/third-party administrator (C/TPA) may conduct queries on their behalf.” The queries are drawn from the plan you bought.
• The C/TPA has to be designated first. The C/TPA must be registered in the Clearinghouse before you can select it, and an owner-operator “must designate their C/TPA(s) as part of their Clearinghouse registration process.”
• The C/TPA reports violations. For owner-operators, FMCSA says “the C/TPA is responsible for reporting drug and alcohol program violations to the Clearinghouse.”
• You still consent as the driver. When a full query on you is needed, you approve it in your driver account. Your employer account and your driver account are separate registrations.

Working with a C/TPA is not optional for you. FMCSA’s plan page notes that “Working with a C/TPA to manage a drug and alcohol testing program is a requirement of all owner-operators.” If you are still choosing one, see whether an owner-operator needs a D&A consortium and how to enroll in one. For how the consortium and the Clearinghouse divide the work, read D&A consortium vs Clearinghouse.

A query calendar for a one-truck carrier

Put these on the calendar the day your authority goes active:

• Before any driver’s first load, including a new hire: a full pre-employment query with that driver’s electronic consent, and a “Not Prohibited” result before work starts.
• Each year, before the 365th day after your last query on each driver, yourself included: a limited query, with a signed general consent on file.
• Within 24 hours of a limited query that shows information: a full query, with fresh electronic consent.
• Within 24 hours of a change notification email: a full follow-on query. It resets that driver’s annual clock.
• When your plan balance runs low: buy another bundle in the Clearinghouse. Queries do not expire, so buying ahead costs nothing extra.

The Clearinghouse is one of several driver records a carrier deals with. Our comparison of MVR vs PSP vs Clearinghouse explains which record answers which question.

If the Clearinghouse is down when you need to hire

FMCSA has a set answer for outages. Its FAQ says that if a technical issue prevents queries, FMCSA “will post a notification on the home page informing employers that they may hire a driver using only the procedures set forth in 49 CFR 391.23(e).” If there is no such notice on the home page, the pre-employment query is still required before the driver starts. An outage notice is the only exception, so check the home page and keep a screenshot with the hire file.

Where MyQuickStart fits

Our Federal Clearinghouse service covers Clearinghouse registration for employers and CDL drivers, annual limited query plan setup, and full and limited query support. We assist with purchasing your annual limited query plan, guide you on full query procedures, and provide reminders for required actions such as annual queries, return-to-duty checks and reporting. C/TPA designations and query assistance are available on request. The query plan itself is still purchased from FMCSA in your employer account, because FMCSA does not let anyone else buy it for you.

If you also need the testing program behind the queries, our DOT drug testing service page covers it.

Sources

• Federal Motor Carrier Safety Administration, Drug and Alcohol Clearinghouse, Query Plans.
• Federal Motor Carrier Safety Administration, Drug and Alcohol Clearinghouse, FAQ: Queries and Consent Requests.
• Federal Motor Carrier Safety Administration, Clearinghouse Brochure for Owner-Operators.
• Electronic Code of Federal Regulations, 49 CFR 382.701 and 382.703.
• Electronic Code of Federal Regulations, 49 CFR 382.413.