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Does the driver need to give consent for a Clearinghouse query?
Last Updated: 09/24/2026
Yes. Every query needs the driver's consent (49 CFR 382.703):
- Limited query: the employer obtains the driver's general written or electronic consent outside the Clearinghouse and keeps it for 3 years from the date of the last query. One consent can cover more than one year.
- Full query: the driver must log in to the Clearinghouse and give specific electronic consent before FMCSA releases any details. The driver needs a Clearinghouse account to do this.
If a driver refuses to give consent, the employer must not allow the driver to perform safety-sensitive functions.
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