The FMCSA Drug & Alcohol Clearinghouse will mark its sixth anniversary this January, yet compliance problems remain as widespread as ever. Despite years of warnings and training, Clearinghouse violations have ranked among the most common FMCSA audit findings for the past five years.
In a September webinar hosted by U.S. Compliance Services, compliance experts Alex Elias and Steve Harz broke down why Clearinghouse missteps still dominate audit reports, what they cost carriers, and how to build a program that finally works.
How Many FMCSA Violations Are Clearinghouse-Related?
“Four of the top 10 audit violations in 2025 are directly tied to Clearinghouse issues,” Elias told the audience. “This isn’t a fluke. Clearinghouse violations have been among the top audit issues year after year since 2020.”
The data backs him up. From 2023 through mid-2025, Clearinghouse-related violations have consistently made up 14–15% of all audit findings—roughly one in seven violations. In raw numbers, that’s over 41,000 preventable citations across three years.
The most common issues that trip up motor carriers are processes around pre-employment queries (§382.701(a)) and annual limited queries (§382.701(b)(1)). These two violations alone account for the majority of Clearinghouse citations, despite being among the most straightforward requirements to meet.
What Do FMCSA Clearinghouse Violations Really Cost Carriers?
While Clearinghouse violations might start with a base fine of around $2,000, the costs quickly compound when multiple drivers are involved or when violations overlap with other compliance gaps. Average settlements climb to over $8,000 when Clearinghouse issues are part of a larger compliance problem, with some cases reaching $20,000 or more.
Harz recalled one case early in the Clearinghouse rollout, when a construction company with 250 drivers across six states hadn’t registered: “I quickly got out my calculator and told her, ‘You’re probably, at this point, if audited right now, looking at about $2.4 million in fines.’ That got her attention.”
But, as Elias pointed out, the financial penalties are just the beginning. “Impact goes beyond a fine,” he said. “Carriers will feel it in their CSA scores, which can make them a target for a focused audit and lead to higher insurance rates.”
Why Are Carriers Still Missing the Basics?
So what’s still going wrong nearly six years in? According to Harz and Elias, it often comes down to three core issues:
- Registration gaps. Some carriers still aren’t registered in the Clearinghouse at all—a fundamental step that should have been completed years ago.
- Query timing confusion. Many carriers misunderstand what “annual” means. It’s not once per calendar year, it’s every 365 days from the last query. Missing that distinction leads to compliance gaps.
- Missing driver consent. “A Clearinghouse query is, in fact, a background check,” Harz explained. “You need to have the consent of the potential employee or the employee in order to do this. If not, you cannot do it. You’re in violation of federal law.” Yet many carriers still run queries without proper authorization.
Why Clearinghouse Compliance Still Matters in 2025
Perhaps the most striking number from the webinar is this: according to the most recent DOT Clearinghouse report, there are 291,664 drivers with at least one Clearinghouse violation—and 184,400 of them are still in prohibited status.
“Out of the almost 200,000 drivers that are still in prohibited status, there are probably a few operating behind the wheel for companies today,” Elias said.
Harz didn’t hesitate: “Oh, I’d bet my truck on it.”
With Clearinghouse Phase 2 now in effect, state licensing agencies directly submit and receive data from the Clearinghouse, making the system faster and more efficient. That means violations and status changes appear more quickly—leaving carriers even less room to claim they didn’t know.
How Carriers Can Build a Strong FMCSA Clearinghouse System
Both Elias and Harz emphasized that solving Clearinghouse compliance isn’t about working harder, it’s about building the right system.
“No matter how you choose to do this, you want a system in place,” Elias said. “It’s not just the Clearinghouse. You need to have a system in place for your driver qualification files, ideally a digital system that is audit-ready.”
The good news is that for carriers who recognize they’ve fallen behind, catching up is possible. “If you realize that you’re not compliant and you get compliant… usually that’s enough for the auditor to let you go,” Harz explained. “As long as all the I’s are dotted and T’s are crossed.”
Watch the Webinar On Demand
If you’re still wrestling with Clearinghouse compliance or want to ensure your program is audit-ready, the full webinar recording offers a comprehensive walkthrough of requirements, common pitfalls, and practical solutions.
Watch the webinar on demand to hear the full discussion, see the data, and get real-world answers from compliance experts Alex Elias and Steve Harz.
With Clearinghouse violations still claiming nearly one in five audit citations, getting this right is essential.