Who is required to register
Under 49 CFR §382.705, every employer of CDL drivers in interstate or intrastate commerce must register, including motor carriers, owner-operators (who register as both employer and employee), and third-party administrators acting on an employer's behalf.
What you're required to do, and when
- Before a new driver's first day — a full query is required before the driver performs any safety-sensitive function, and the driver must give consent before an employer can run it.
- Annually, for every current driver — a query is required at least once every 12 months for drivers already on your team.
- Within 3 days of certain events — employers must report violations, including a confirmed alcohol test of 0.04% BAC or higher, to the Clearinghouse.
Registration and limited queries are free; full queries carry a per-query fee set by FMCSA, which many carriers bundle into a consortium package rather than paying individually.
Consequence of a driver in "prohibited" status: A driver with an unresolved Clearinghouse violation cannot legally operate a commercial vehicle for any employer until they complete the return-to-duty process — hiring or continuing to use a prohibited driver is a serious compliance failure that surfaces immediately in an audit.
Setup process
- Employer registration is completed through a Login.gov account, typically activated within one to two business days.
- Your query schedule is set up — pre-employment queries for new hires, annual queries for your current roster.
- Records are retained for a minimum of 3 years per query, satisfying the recordkeeping requirement under §382.701(e).