USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Site Notification

Site Notification

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Is a motor carrier that is subject to Part 382 allowed to query the Drug and Alcohol Clearinghouse (Clearinghouse) for drivers who hold a commercial driver’s license (CDL) but who are operating only non-CDL-required commercial motor vehicles (CMVs) in ...

FMCSA-D&A-CLEAR-382.701-FAQ009

Part 382 – Controlled Substances and Alcohol Use and Testing


Clearinghouse FAQ

 

Question: Is a motor carrier that is subject to Part 382 allowed to query the Drug and Alcohol Clearinghouse (Clearinghouse) for drivers who hold a commercial driver’s license (CDL) but who are operating only non-CDL-required commercial motor vehicles (CMVs) in interstate commerce?

Guidance: Yes. Employers who employ CDL holders to operate non-CDL vehicles (i.e., a commercial motor vehicle as defined in 49 CFR 390.5) may, but are not required to, conduct a pre-employment query in accordance with § 382.701(a) or an annual query in accordance with § 382.701(b). Doing so will allow the employer to determine whether the CDL holder had drug and alcohol program violations reported to the Clearinghouse when the driver was operating a commercial motor vehicle, as defined in § 382.107, while subject to the CDL requirements in 49 CFR part 383.

Employers who query the Clearinghouse for CDL holders operating non-CDL vehicles must comply with the applicable employee consent requirements set forth in § 382.703. If a query of the Clearinghouse reveals the CDL holder is prohibited from operating either a CMV or non-CDL CMV under § 382.501(c), the employer must not permit the driver to operate either type of CMV until completing the return-to-duty requirements set forth in 49 CFR part 40, subpart O, as required by § 382.503(a).

FMCSA Drug and Alcohol Clearinghouse, 1-844-955-0207

Regulatory Topic: Clearinghouse FAQ

Regulatory Topic: Drug and Alcohol Clearinghouse
Effective Date: Thursday, January 6, 2022
Issued Date: Thursday, January 6, 2022