382.701B — Carrier failed to query Clearinghouse before hiring
49 CFR 382 • Controlled Substances & Alcohol BASIC • Severity 5/10
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
Related
- → Browse all FMCSA violation codes
- → More Controlled Substances & Alcohol violations
- → FMCSA regulations & compliance
- → Look up a carrier safety record
- → 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