What is a Clearinghouse violation?
A Clearinghouse violation is any drug-or-alcohol event reported to the FMCSA Drug & Alcohol Clearinghouse under 49 CFR Part 382, Subpart G. The reportable events include positive drug tests, alcohol tests at 0.04 BAC or higher, refusals to test, and on-duty drug or alcohol use. Once reported, the driver is "prohibited" from safety-sensitive functions until they complete the §382.503 return-to-duty (RTD) process.
The Clearinghouse rule (49 CFR Part 382, Subpart G) lists the specific reportable events at §382.705. The reporting trigger is any event that puts a CDL driver in violation of the §382 drug-and-alcohol testing program: a verified positive drug test (controlled substances on the §40.85 panel), a confirmed alcohol test at 0.04 BAC or higher, a refusal to test (including adulterated or substituted samples), a reported observed use of alcohol within 4 hours of safety-sensitive function, and an actual-knowledge report of drug use by the employer.
Once a violation is reported, the driver's Clearinghouse status flips to "prohibited" and the FMCSA portal flags it on every subsequent query. A prohibited driver may not perform any §382.107 safety-sensitive function (driving, fueling, pre-trip, etc.) until they complete the §382.503 return-to-duty process: a substance-abuse-professional (SAP) evaluation, the recommended education or treatment, a follow-up SAP evaluation that authorizes RTD, and a directly-observed return-to-duty test administered by the new employer.
For a hiring carrier, the §382.701(a) pre-employment full query is the discovery point. If the query returns "prohibited," the carrier may not allow the driver to perform safety-sensitive functions and must document the result in the §391.51 DQ file. The driver remains prohibited regardless of which carrier they apply to next — Clearinghouse status is national, not employer-specific.
After RTD, the driver's Clearinghouse record retains the underlying violation for 5 years from the violation date (or until the driver successfully completes RTD plus 5 years, whichever is later). The status flips from "prohibited" to "not prohibited" once RTD is documented in the Clearinghouse, but the violation history remains visible to any pre-employment full query for the full 5-year retention window.