May motor carriers subject to Part 382 request pre-employment or annual limited queries of the Clearinghouse on drivers who hold CDLs but who hold non-CDL positions?

Yes. Motor carriers that are subject to Part 382, and as a result have a Clearinghouse account, are permitted (not required) to query the database for CDL holders who operate non-CDL CMVs on behalf of the carrier. However, motor carriers must still follow the consent requirements as set forth in 382.703.

This best practice allows motor carriers to determine whether a CDL holder had a violation under Part 382 reported to the Clearinghouse. An unresolved testing violation restricts the operation of any CMV vehicle type according to 382.501(c). Without this knowledge, a motor carrier may inadvertently use a driver in a prohibited status.