What Must a Carrier Do When a Clearinghouse Limited Query Shows a Driver Record?

Motor carriers query the FMCSA Drug and Alcohol Clearinghouse in two ways under 49 CFR 382.701. Before hiring, the carrier runs a full query, which needs the driver's specific consent given electronically in the Clearinghouse (49 CFR 382.701(a)). That step sits alongside the FMCSA pre-employment drug test. After hiring, the carrier runs a query at least once a year for each driver it employs, and a limited query meets that annual duty (49 CFR 382.701(b)). This FAQ covers an annual limited query that shows a record.

What a limited query shows. A limited query tells the carrier whether information about the driver exists in the Clearinghouse. It does not show the details of the record. The driver's consent for limited queries is written or electronic and can cover more than one year (49 CFR 382.701(b)(2) and 382.703(a)).

The 24-hour rule. If a limited query shows that information exists, the carrier runs a full query within 24 hours. If the carrier does not run the full query within 24 hours, the driver is not permitted to perform safety-sensitive functions until the full query shows that the driver is not prohibited (49 CFR 382.701(b)(3)). The full query needs the driver's electronic consent in the Clearinghouse (49 CFR 382.703(b)), and that consent covers the release of the records listed in 49 CFR 382.703(b)(1) through (7). A driver who refuses to consent may not perform safety-sensitive functions for that carrier (49 CFR 382.703(c)).

Reading the full query. The full query shows the violation records, such as a verified positive result, an alcohol result of 0.04 or higher, a refusal, or a report of actual knowledge, along with any return-to-duty progress. A driver with a violation is barred from safety-sensitive functions unless the driver has completed the SAP evaluation and treatment process, passed a return-to-duty test, and completed the follow-up testing plan. If the driver has completed the SAP process and a negative return-to-duty test but still has follow-up tests remaining, the bar also lifts when the carrier takes over managing those follow-up tests (49 CFR 382.701(d)(2)).

Later notices. If new information about the driver is entered into the Clearinghouse within 30 days after a query, FMCSA notifies the carrier that ran the query (49 CFR 382.701(c)). The driver's consent covers that notice (49 CFR 382.703(e)).

Records. The carrier keeps records of each query and the information it received for 3 years. Since January 6, 2023, a valid Clearinghouse registration meets this duty, because the records stay in the system (49 CFR 382.701(e)). Signed limited query consents are kept for 3 years from the date of the last query (49 CFR 382.703(a)). General retention periods are covered in DOT drug and alcohol record retention.

A practical point. A limited query hit is not proof of a violation. The record could show a resolved violation with follow-up tests left to run. The full query, not the limited query, shows whether a driver is prohibited (49 CFR 382.701(b)(3) and (d)).