Guidance on Owner Operator Self Queries

Word.docx (FMCSA-D&A-CLEAR-382.701-FAQ005)

Q&A

Does an owner-operator have to conduct queries on himself/herself?

Guidance:

Yes. Anyone who employs a commercial driver’s license (CDL) holder must query the Clearinghouse (§ 382.701). This requirement includes owner-operators—that is, any employer that employs himself or herself as a CDL driver, typically a single-driver operation. Owner-operators must comply with all Clearinghouse requirements imposed on both employers and employees. (§ 382.103(b)). An owner-operator’s designated consortium/third-party administrator (C/TPA) may conduct queries on the owner-operator’s behalf. However, the C/TPA is responsible for reporting drug and alcohol program violations to the Clearinghouse for the owner-operator in accordance with 49 CFR 382.705(b)(6).