The FMCSA mandates a history of an employer’s total and limited queries, including those conducted by a designated C/TPA, is maintained in the Clearinghouse. This includes records of the driver’s response to consent requests for any full queries conducted or initiated. Employers must retain records of drivers’ limited consent for three years. This does not have to be retained in the driver qualification file, but the employer must be able to provide evidence upon request.

What records should a company keep to meet the requirements of 382.701(e)

As of January 6, 2020, employers were required to conduct both electronic queries in the Clearinghouse and traditional manual inquiries with previous employers to meet the three-year timeframe required by § 391.23. This will be required until January 6, 2023, at which point a query of the Clearinghouse will satisfy this requirement.

The Clearinghouse retains a record of every query an employer conducts. This includes any queries conducted by a designated consortium/third-party administrator (C/TPA) on their behalf. Employers may choose to maintain separate copies in addition to these Clearinghouse records.

ITI has a Driver File Program that will manage and maintain all FMCSA Clearinghouse Queries for companies enrolled in the DQF Maintenance Program. ITI will process FULL queries as well as annual LIMITED queries on existing CDL employees. The ITI Driver File Program encompasses all requirements per FMCSR, including the services listed:

• Online DOT application including ten-year employment history
• Current driver’s license
• Road test certification for NON CDL employees
• Current DOT medical exam with confirmed NRCME
• Annual CDLIS MVR (Motor Vehicle Record)
• Annual Review
• Negative drug screen results (for CDL employees only)
• Signed D&A policy and driver training packet (for CDL employees only)
• Signed driver’s rights
• Signed driver’s statement of previous seven days on-duty hours
• Signed certificate of compliance
• Signed notification and release
• Signed pre-employment SAP statement
• Past employer verifications for all DOT employers worked at over three years preceding the date of application
• Includes all-new hire full queries required by the FMCSA Clearinghouse, as well as annual limited queries processed at the same time of annual review/driving record