How Does Driver Consent Work for Clearinghouse Limited and Full Queries?

A motor carrier cannot query the FMCSA Drug and Alcohol Clearinghouse about a driver without the driver's consent. Section 382.703 sets two kinds of consent, one for each kind of query, and the form and timing of each differ.

Consent for a limited query. Before running a limited query, the carrier obtains the driver's written or electronic consent (49 CFR 382.703(a)). This consent is given outside the Clearinghouse, often on a form the carrier keeps. A single consent may cover more than one year, so a carrier can collect one consent that covers annual limited queries for as long as the driver works there.

Consent for a full query. Before running a full query, the carrier obtains the driver's specific consent given electronically within the Clearinghouse (49 CFR 382.703(b)). The driver logs in to the Clearinghouse to grant it. The consent authorizes release of the specific records listed in the rule:

• Verified positive, adulterated or substituted drug test results
• Alcohol confirmation test results of 0.04 or higher
• Refusals to test
• Reports of actual knowledge of prohibited use
• A SAP report that the driver successfully completed the return-to-duty process
• Negative return-to-duty test results
• An employer's report that the driver completed follow-up testing

A full query is used before hiring and within 24 hours after a limited query shows that a record exists (49 CFR 382.701(a) and (b)). Previous employer checks under Part 40 run alongside it.

When a driver refuses consent. A driver who refuses to grant consent for a query required by 49 CFR 382.701 may not perform safety-sensitive functions, including driving a commercial motor vehicle, for that carrier (49 CFR 382.703(c)). Section 382.703(c) bars the driver from safety-sensitive functions for that carrier but does not list a refusal to consent among the test refusals in 49 CFR 40.191.

Consent also covers later notices. If a driver's information is entered into the Clearinghouse within 30 days after a query, FMCSA notifies the carrier. The driver's consent for the query also covers release of that later information (49 CFR 382.703(e) and 382.701(c)).

Practical records. A carrier can keep the limited query consent in the driver's file with the query results and the date of each query, and the consent is retained for 3 years from the date of the last query (49 CFR 382.703(a)). A driver gives full query consent electronically through the Clearinghouse (49 CFR 382.703(b)), so a driver who has not registered cannot give it.