FMCSA Violation Code

382.701B — Carrier failed to query Clearinghouse before hiring

49 CFR 382 • Controlled Substances & Alcohol BASIC • Severity 5/10

Driver citation CSA weight 5

Moderate

Code

382.701B

CFR section

49 CFR 382

BASIC

Controlled Substances & Alcohol

Severity

5/10

Out-of-Service

Unit type

Driver

What this violation means

FMCSA Drug & Alcohol Clearinghouse pre-employment query is required for every new CDL hire. 5 SMS points. Annual limited query also required.

Why this gets cited

Carrier didn't register for Clearinghouse. Carrier didn't realize query was required. Carrier registered but didn't pay per-query fees.

How to fix / prevent

Register at clearinghouse.fmcsa.dot.gov. Bulk-query subscription is cheaper than per-query. Make Clearinghouse query a mandatory step in hire workflow.

Out-of-service criteria

No — this violation is not typically out-of-service eligible. The inspector will note 382.701B on the inspection report (form MCS-63), but the truck/driver can usually continue after the inspection ends. It still counts against the carrier in CSA scoring (severity 5/10 weight, time-weighted over 24 months) and shows on the driver's PSP record. A pattern of these non-OOS violations across multiple inspections is what triggers FMCSA intervention — a single citation rarely does.

CSA / SMS impact

382.701B carries a severity weight of 5/10 in FMCSA's Safety Measurement System (SMS). Higher weights mean faster CSA percentile movement. Combined with a time-weighting factor (2× for citations within the last 6 months, decaying over 24 months), this violation can move your Controlled Substances & Alcohol BASIC percentile significantly if it stacks with similar citations across your fleet. The threshold for FMCSA intervention is the 65th percentile for most BASICs (50th for Hazmat and Passenger Carrier). Once you cross that, FMCSA can send a Warning Letter, Off-Site Investigation, or full Compliance Review.

How to read this: a single citation rarely puts you over threshold — it's the pattern. Track your inspection rate per power unit and aim for OOS rate under 5% (industry average is 21%).

Other violations in Controlled Substances & Alcohol

382.213OOS

Controlled substance use within 4 hours of duty

382.215OOS

Refusal to submit to controlled substance test

382.303ASev 10

Failing to conduct post-accident drug/alcohol test

382.305Sev 10

Carrier failed to implement random controlled substances testing program

392.4OOS

Possession of drug paraphernalia or controlled substance

392.4AOOS

Driver on duty with controlled substance

392.5AOOS

Possession of alcohol in CMV

382.301Sev 5

Pre-employment drug test not conducted

Frequently Asked Questions

Can I be placed out of service for 382.701B?

No — 382.701B is not on the standard OOS criteria for most inspectors. You'll be cited on the inspection report (MCS-63), the violation will hit your CSA scores, and the driver's PSP record, but you can usually continue the trip after the inspection wraps. Caveat: an inspector has discretion to escalate to OOS if they observe a separate, more serious condition during the same inspection. If they find 382.701B plus a brake violation, they're putting you OOS for the brake issue, not this one.

How long does 382.701B affect my CSA score?

382.701B stays in your CSA Controlled Substances & Alcohol BASIC for 24 months from the inspection date. The impact is time-weighted: 3× points during months 0-6, 2× during months 7-12, 1× during months 13-24, then it drops off. Severity weight is 5/10, so each citation contributes 15 points in the first 6 months and decays from there. On the driver's PSP report, the same citation stays visible for 36 months — and a 5-year history of driver violations is available to motor carriers performing a hire review. If the citation is later dismissed in court (DataQs challenge succeeds, or the underlying ticket is dropped), the SMS record can be removed via FMCSA's DataQs portal — but you have to actively file the challenge.

What's the difference between 382.701B and similar codes?

382.701B is in the 8-code group sharing the same BASIC. The closest siblings are: 382.213 (Controlled substance use within 4 hours of duty); 382.215 (Refusal to submit to controlled substance test); 382.303A (Failing to conduct post-accident drug/alcohol test). Inspectors often cite multiple sibling codes from the same inspection — for example, a tire condition violation can simultaneously trigger codes for tread depth, sidewall, and inflation pressure. When you get cited under one sibling, check the report for the others before signing — they all count separately against CSA scoring.

CSA scores rising? Get a compliance audit.

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382.701B — Carrier failed to query Clearinghouse before hiring

What this violation means

Related

Frequently Asked Questions

CSA scores rising? Get a compliance audit.

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