Query Requirements

As of January 6, 2023, prospective employers must conduct a pre-employment query of the Clearinghouse, as set forth in § 382.701(a), to comply with the inquiry requirement in §§ 382.413(b) and 391.23(e)(4), as it pertains to previous FMCSA-regulated employers.

An employer is not required to conduct a pre-employment query of the Clearinghouse before administering a road test to a prospective driver subject to 49 CFR part 382. Under § 382.701(a), employers are required to query the Clearinghouse when hiring a driver to perform safety sensitive functions. The road test occurs before the driver is hired; therefore, employers may conduct a pre-employment query at the time they road test a prospective driver but are not required to do so.

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