When must a CDL driver be queried in the FMCSA Clearinghouse?
A pre-employment full query is required under 49 CFR §382.701(a) before the CDL driver's first dispatch in any safety-sensitive function, with documented driver consent. An annual limited query is required under §382.701(b) at least once every 12 months thereafter. Both apply to every CDL driver subject to §382.
The §382.701(a) pre-employment full query is mandatory before a CDL driver performs any safety-sensitive function (driving, pre-trip, fueling, post-trip — anything covered by §382.107) for the new employer. The query returns whether the driver has any unresolved drug-and-alcohol violation in the Clearinghouse. Operating without the query before first dispatch is a documented violation and shows on the carrier's SMS scoring.
The full query requires written or electronic driver consent that authorizes the carrier to access detailed Clearinghouse violation information. Consent is captured on the FastDriverScreening intake form bundled with the FCRA + DPPA disclosures.
The §382.701(b) annual limited query is mandatory once every 12 months for every CDL driver in the carrier's employ. The limited query returns only whether information exists in the Clearinghouse — if any does, the carrier has 24 hours to obtain the driver's consent for a full query. The Annual Refresh package ($60) bundles the §391.25 annual MVR review with the §382.701(b) limited query in one transaction.
A driver with a real-time §382 violation event (positive test, refusal) has the violation reported to the Clearinghouse by the testing MRO or employer. The driver remains "prohibited" until they complete the §382.503 return-to-duty process. A pre-employment query on a prohibited driver returns the prohibition status and the carrier may not allow the driver to perform safety-sensitive functions.