The FMCSA Drug and Alcohol Clearinghouse, for small carriers

Q: Is a missed annual query an automatic audit failure?

A missed annual query is a violation of 49 CFR 382.701(b), but it is not one of the 16 automatic-failure violations listed in 49 CFR 385.321 for the new-entrant safety audit. Using a driver who tested positive or refused a test is on that list, and the Clearinghouse is how you find out.

If anyone drives for you on a CDL, including you, your company has to be registered in the Clearinghouse, run a full query before each new driver's first trip, and run a query on every CDL driver at least once a year. Here is how each step works, what it costs, and what to keep.

Last reviewed: September 2026, against 49 CFR Part 382 on eCFR and FMCSA's Clearinghouse site. Not legal advice.

Who has to use it Owner-operators How to register The two queries Annual query checklist What keeps a driver off the road What you have to report What to keep Questions

Who has to use it

The Clearinghouse is FMCSA's database of drug and alcohol program violations by CDL and CLP holders: positive tests, refusals, alcohol results of 0.04 or higher, and the steps a driver takes to return to duty. It applies to every employer of drivers who are subject to the CDL rules and the testing rules in Part 382 382.103, in interstate or intrastate commerce. Every employer must register before it can query or report 382.711(a).

It does not apply to drivers who do not need a CDL. You are not required to query them, and they do not go in the DOT testing pool. They still need a full driver qualification file.

Owner-operators: you are both sides

If you drive under your own USDOT number, the rules treat you as the employer and the driver at the same time 382.103(b). In practice:

Register with both the driver role and the employer role. The Clearinghouse lets you do both in one registration.
Designate a consortium or third-party administrator (C/TPA). An owner-operator must, because the C/TPA reports any violation of yours; you cannot report on yourself 382.705(b)(6). You cannot take any other action in the Clearinghouse until the C/TPA is designated.
Query yourself at least once a year, the same as any employer queries its drivers. Your C/TPA may run the query for you.
Buy your own query plan. A C/TPA can run queries on your behalf but cannot buy the plan for you.

If you are leased to another carrier and drive under its authority, you only need the driver role. That carrier is your employer for Clearinghouse purposes.

How to register

Create a Login.gov account. The Clearinghouse uses Login.gov for sign-in. Each person who will use the account needs their own.
Register at clearinghouse.fmcsa.dot.gov as an employer, with your company name, address, phone, USDOT number, and the people you authorize to query or report 382.711(b)(1). If you already have an FMCSA Portal account, sign in with it; FMCSA says that makes the registration go more smoothly.
Designate your C/TPA if you use one (owner-operators must). Update it within 10 days if you change providers 382.711(b)(3).
Buy a query plan. Queries are $1.25 each, limited or full. Registration itself is free.
Have each CDL driver register as a driver. A driver has to be registered to give the electronic consent a full query needs 382.703(d). Do this at hire, not the morning of the first load.

Keep the account alive. A registration is good for 5 years, but FMCSA cancels any registration that has not queried or reported in 2 years 382.713. You are also required to confirm your list of authorized users once a year 382.711(b)(2).

The two queries

Query	When	Consent
Full query, pre-employment 382.701(a)	Before the driver's first safety-sensitive function for you. That includes waiting to be dispatched, not only driving.	The driver approves it electronically in the Clearinghouse, each time
Limited query, annual 382.701(b)	At least once a year for every CDL driver you employ. FMCSA tracks it on a rolling 365 days from the last query.	A written or electronic consent you keep; one form can cover more than one year
Full query, follow-up 382.701(b)(3)	Within 24 hours after a limited query shows that information exists on the driver	The driver approves it electronically in the Clearinghouse

A limited query only tells you whether a record exists. If it does, you must run the full query within 24 hours. If you do not, the driver cannot perform safety-sensitive work until you do and the result shows no prohibition.

The pre-employment full query also covers the drug and alcohol part of the previous-employer check for any earlier employers regulated by FMCSA 382.413(b). Two exceptions: if the driver was with an employer under a different DOT agency (FAA, FRA, FTA, PHMSA), you still ask that employer directly, and if the driver has not finished a follow-up testing plan, you request the plan from the previous employer.

Annual query checklist

Print this and run through it once a year, or put each driver's date on a calendar.

List every driver who operated a CDL vehicle for you in the last 12 months, including part-time and occasional drivers and yourself
Find each driver's last query date. Any driver approaching 365 days needs a new query now
Check you have a signed limited-query consent on file for each driver, and that it covers this year 382.703(a)
Check your query plan balance covers one query per driver
Run the limited queries. For any "information exists" result, request the full query and get the driver's consent the same day 382.701(b)(3)
Confirm your list of authorized Clearinghouse users 382.711(b)(2)
Write down each driver's new query date for next year

What keeps a driver off the road

You may not let a driver perform any safety-sensitive function if a query shows any of these, until the Clearinghouse shows the return-to-duty process is complete 382.701(d):

A verified positive, adulterated, or substituted drug test
An alcohol confirmation test of 0.04 or higher
A refusal to test
An employer's report of actual knowledge of on-duty or pre-duty alcohol use, alcohol use after an accident, or drug use

A driver who refuses to consent to a query cannot drive for you either 382.703(c). Since November 18, 2024, a "prohibited" Clearinghouse status also means the state removes the CDL or CLP privilege from the driver's license until the return-to-duty process is done.

What you have to report

The medical review officer reports verified positive drug tests. You, or a C/TPA you designate, report these by the close of the third business day after you learn of them 382.705(b):

An alcohol confirmation test of 0.04 or higher
A refusal to test that you determine, such as a driver who does not show up for a random test
Actual knowledge of prohibited alcohol or drug use, with the supporting evidence the rule lists
A negative return-to-duty test, and a driver's completion of the follow-up testing plan

Using a C/TPA does not move the responsibility off you; you are still accountable if a report is late 382.705(c). The exception is an owner-operator's own violations, which the designated C/TPA must report.

What to keep

Record	Keep for	Rule
Driver's consent for limited queries	3 years from the date of the last query	382.703(a)
Record of each query and the result	3 years. A valid Clearinghouse registration satisfies this, because the Clearinghouse keeps the history	382.701(e)
Drug and alcohol history from employers under other DOT agencies, in the driver investigation history file	While the driver works for you, plus 3 years	391.53(c)
C/TPA designation	Kept current in the Clearinghouse; changes within 10 days	382.711(b)(3)

Your test results and the rest of the testing program have their own retention periods. See the DOT drug testing requirements guide.

Never miss an annual query

The DOT Binder records each driver's pre-employment and annual Clearinghouse query, your Clearinghouse registration, and your random testing pool, and emails you before a query comes due. It also tracks driver files, medical cards, annual inspections, insurance, and your MCS-150. From $79 a month, 14-day free trial, no card.

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Questions

Does an owner-operator have to query the Clearinghouse on himself? Yes. If you drive under your own USDOT number, you are both the employer and the driver. You register in both roles, designate a consortium or third-party administrator, and run a query on yourself at least once a year. Your C/TPA can run the query for you, but you buy the query plan.

How much does a Clearinghouse query cost? FMCSA charges a flat $1.25 per query, limited or full, paid through a query plan you buy in the Clearinghouse. Registration is free, and drivers pay nothing to see their own record.

Do I have to query drivers who do not hold a CDL? No. The query requirement applies to drivers subject to the CDL rules in Part 383 and the testing rules in Part 382. Non-CDL drivers still need a driver qualification file, including the previous-employer investigation.

What if a driver will not give consent? Then the driver cannot perform safety-sensitive functions for you, including driving a CMV, until the consent is given and the query comes back clear 382.703(c).

Is a missed annual query an automatic audit failure? A missed annual query is a violation of 382.701(b), but it is not one of the 16 automatic-failure violations listed in 385.321 for the new-entrant safety audit. Using a driver who tested positive or refused a test is on that list, and the Clearinghouse is how you find out. The full audit list is in the DOT audit checklist.