Updated July 15, 2026
Employers of CDL drivers must run a full Clearinghouse query before a new driver performs any safety-sensitive function, and query every current driver at least once per year (49 CFR 382.701). The annual query may be a limited query, but if it shows information exists, a full query must follow within 24 hours.
What is the FMCSA Drug and Alcohol Clearinghouse?
The Clearinghouse is FMCSA’s online database of CDL driver drug and alcohol program violations: verified positive, adulterated, or substituted tests, alcohol confirmations at 0.04 or higher, test refusals, actual knowledge violations, and the driver’s return to duty status. Employers, medical review officers, substance abuse professionals, and enforcement query and report into it under 49 CFR part 382, subpart G.
A query is how an employer checks a driver’s record. There are two types, and using the wrong one at the wrong time is a violation.
What is the difference between a full query and a limited query?
| Full query | Limited query | |
|---|---|---|
| What it returns | The driver’s actual Clearinghouse record: violations and return to duty status | Only whether information exists in the record, yes or no. No details |
| Consent required | Specific consent, given by the driver electronically inside the Clearinghouse, before each full query | General written consent obtained outside the Clearinghouse; may cover multiple years |
| Driver must be Clearinghouse registered | Yes, to grant electronic consent | No |
| When required | All pre-employment queries; and within 24 hours after a limited query shows information exists | Acceptable for the annual query of current drivers |
| Regulation | 49 CFR 382.701(a), (b)(3); 382.703 | 49 CFR 382.701(b)(2); 382.703 |
| Cost | $1.25 per query | $1.25 per query |
Sources: FMCSA full vs limited query FAQ and the Clearinghouse query plan page.
When must an employer run a full query?
Two situations make a full query mandatory:
1. Pre-employment, every time. Under 49 CFR 382.701(a), an employer must not employ a driver to perform safety-sensitive functions (which begins with driving) without first conducting a pre-employment full query showing the driver’s record contains no prohibitions. There is no limited query option at hiring. The driver must be registered in the Clearinghouse and grant electronic consent; a driver who refuses consent simply cannot be placed in a safety-sensitive role.
2. Within 24 hours of a limited query hit. If an annual limited query indicates information exists, 49 CFR 382.701(b)(3) requires a full query within 24 hours. If the employer does not obtain the full query within 24 hours, the driver must be pulled from safety-sensitive functions until the full query confirms no prohibition. If the driver refuses specific consent for the follow up full query, 49 CFR 382.703 requires removing the driver from safety-sensitive functions.
When is a limited query enough?
Only for the annual query of current drivers. Under 49 CFR 382.701(b)(1), employers must query every employed CDL driver at least once per year, and a limited query satisfies this requirement as long as the employer holds the driver’s general consent (49 CFR 382.701(b)(2)). Practical points:
- FMCSA tracks the annual requirement on a rolling basis: at least once within 365 days of the last query on that driver, not once per calendar year (FMCSA annual query FAQ). Most fleets batch annual queries on a fixed date to avoid per driver tracking errors.
- General consent for limited queries can be multi-year, but it must be in writing and retained. FMCSA provides sample language; the consent must state its duration.
- A limited query is a status check, not a record. Treat “information exists” as a tripwire, never as evidence of a violation by itself. The full query might show a resolved violation with completed return to duty.
What consent does each query type require?
Consent is where employers most often get this wrong:
- Full query consent is electronic and inside the Clearinghouse. The employer requests the query; the driver logs into their own Clearinghouse account and grants specific consent for that request. Paper consent cannot substitute. Unregistered drivers must register first.
- Limited query consent is written and outside the Clearinghouse. The employer collects and retains it directly (paper or electronic). It can authorize limited queries for a defined multi-year period (FMCSA consent FAQ).
- Clearinghouse consent is separate from FCRA disclosure and authorization. If the query is packaged with a background check through a consumer reporting agency, the FCRA’s standalone disclosure and authorization requirements apply in parallel.
What happens if a driver has a violation in the Clearinghouse?
A driver with an unresolved violation is prohibited from performing safety-sensitive functions until they complete the return to duty process under 49 CFR part 40, subpart O: SAP evaluation, treatment or education, a negative return to duty test, and follow up testing. Since the second Clearinghouse rule’s compliance date of November 18, 2024, state driver licensing agencies must remove commercial driving privileges from drivers in prohibited status, downgrading the CDL within 60 days of notification (FMCSA Clearinghouse CDL downgrade FAQ). A prohibited driver may not just be unhirable for driving, but unlicensed.
For the employer, the obligations are: do not dispatch the driver to safety-sensitive work, and document the query results and actions taken. A record of each query and all information received in response must be retained for three years (49 CFR 382.701(e)).
What does non-compliance cost?
Skipping queries is a violation of the Federal Motor Carrier Safety Regulations, discoverable in any audit or post-crash investigation. Under the current penalty schedule, a violation of 49 CFR part 382, subpart G carries a civil penalty of up to $7,155 per violation, an amount adjusted annually for inflation (49 CFR part 386, appendix B). The larger exposure is negligent hiring litigation: a crash involving a driver whose Clearinghouse record was never queried is a plaintiff attorney’s easiest exhibit. At $1.25 per query, this is the cheapest risk control in trucking.
FAQ
Do owner-operators have to run Clearinghouse queries on themselves? Yes. An owner-operator is both employer and driver, must register as both, and must designate a consortium/third party administrator (C/TPA) in the Clearinghouse (49 CFR 382.705(b)(6)). Queries still must be purchased through the employer’s own Clearinghouse account; C/TPAs cannot purchase queries on an employer’s behalf (Clearinghouse query plans).
Does the Clearinghouse query replace the old previous employer drug and alcohol inquiry? For FMCSA regulated previous employers, yes: since January 6, 2023, the Clearinghouse contains a full three years of data, and the pre-employment query conducted under 382.701(a) satisfies the 49 CFR 391.23(e) inquiry for FMCSA regulated history (FMCSA Clearinghouse update). Employers must still make direct inquiries about DOT regulated testing history under other agencies (FAA, FRA, FTA, PHMSA), which is not in the Clearinghouse.
How much does a Clearinghouse query cost? $1.25 per query, full or limited, purchased as query credits in the employer’s Clearinghouse account. Purchased queries never expire (Clearinghouse query plan page).
Can we run one annual batch of limited queries for the whole fleet? Yes, and it is the standard practice, provided every driver’s general consent is on file and no driver goes more than a year between queries. New hires enter the cycle from their pre-employment full query date.
Is the Clearinghouse query the same as a DOT background check? No. It covers drug and alcohol violations only. A compliant DOT driver file also requires the MVR at hire and annually, previous employer verifications, medical certification checks, and typically criminal screening. See Reveal’s transportation background checks and the trucking industry package.
Who keeps every driver query compliant without the spreadsheet?
Reveal’s DOT screening packages combine pre-employment full queries, annual limited query scheduling, consent tracking, MVRs, and criminal screening in one FCRA compliant workflow. Get DOT compliant screening
This is general information, not legal advice. Consult your attorney or DOT compliance advisor about your specific situation.
Sources:
- 49 CFR 382.701, Drug and Alcohol Clearinghouse: https://www.law.cornell.edu/cfr/text/49/382.701
- 49 CFR 382.703, driver consent: https://www.law.cornell.edu/cfr/text/49/382.703
- 49 CFR part 386, appendix B, penalty schedule (current): https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-386/appendix-Appendix%20B%20to%20Part%20386
- FMCSA, full vs limited query FAQ: https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/what-difference-between-full-and-limited-query
- FMCSA, consent process FAQ: https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/what-consent-process-full-and-limited-queries
- FMCSA, annual query requirement FAQ: https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/what-annual-requirement-employee-queries-and-how-it-tracked
- FMCSA Clearinghouse, query plan and costs: https://clearinghouse.fmcsa.dot.gov/Query/Plan
- FMCSA Clearinghouse, CDL downgrades FAQ: https://clearinghouse.fmcsa.dot.gov/FAQ/Topics/CDL-Downgrades
- FMCSA Clearinghouse, pre-employment investigations after Jan 6, 2023: https://clearinghouse.fmcsa.dot.gov/Learn/News/Item/pre-employment-investigations-after-Jan-6-2023
Frequently asked questions
What is the difference between a full and a limited Clearinghouse query?
A full query shows the actual contents of a driver record and needs the driver’s electronic consent inside the Clearinghouse. A limited query only tells you whether information exists and runs on a written general consent you keep on file.
How often are limited queries required?
At least once every 12 months for every CDL driver you employ in a safety sensitive role, on top of the full pre employment query.
What happens when a limited query says records exist?
You must run a full query within 24 hours. Until it clears, the driver cannot perform safety sensitive functions. Reveal handles this escalation as part of our transportation background checks.
What does a Clearinghouse query cost?
FMCSA charges 1.25 dollars per query through its plan bundles, and the screening around it depends on your program. See our pricing for the full driver package.
