法规速查Regulation Navigator
先看懂要求，再查清依据。Understand the rule. Find its source.
部分资料含历史版本或来源限制。收录日期不代表现行性已复核；请先核对每项官方来源、版本和适用范围。Some records contain historical versions or source limitations. Capture dates do not establish a review of current requirements; check each official source, edition and scope before use.
法规索引Regulation index
按中文名称了解每条管什么，再展开查看解读与官方原文。Browse by subject, then expand an entry for available explanations and official text.
司机入职前检测§ 382.301 Pre-employment testing.§ 382.301 Pre-employment testing.司机入职前检测
事故后的酒精与药物检测§ 382.303 Post-accident testing.§ 382.303 Post-accident testing.事故后的酒精与药物检测
酒精与药物记录查询（Clearinghouse）§ 382.701 Drug and Alcohol Clearinghouse.§ 382.701 Drug and Alcohol Clearinghouse.酒精与药物记录查询（Clearinghouse）
本节介绍联邦 49 CFR Parts 391 与 382 中常用的资格要求，供新司机和车队检查上岗条件。具体适用范围、州内运营规则、资格例外、豁免、限制及个人体检周期，仍须结合实际运营和官方现行资料判断。These are common entry points under 49 CFR Parts 391 and 382 for pre-driving review. Applicability, intrastate rules, qualification exceptions, exemptions, restrictions, and individual medical-certification periods still depend on the operation and current official sources.
Clearinghouse：上岗前查一次，在职至少每年再查Clearinghouse: query before employment and at least annually
- 具体要求What the rule requires
- 对受 Part 382 药物、酒精测试规则约束、将执行安全敏感工作的司机，雇主须取得司机的特定同意，并在上岗前完成完整查询；在职期间至少每年再查询一次。年度查询可从有限查询开始，其结果只显示有无信息，不显示具体内容或完整禁驾结论。若显示存在信息，雇主须在 24 小时内完成完整查询；逾期未完成的，不得继续安排安全敏感工作，直至完整结果确认没有禁令。For a driver subject to Part 382 testing who will perform safety-sensitive work, the employer must first conduct a full pre-employment query with the driver's specific consent and must query at least annually thereafter. A limited annual query only indicates whether information exists; it does not disclose the information or establish the full prohibition status. If information exists, the employer must conduct a full query within 24 hours or stop the driver from safety-sensitive work until the full result confirms no prohibition.
(a)(2) (2) The employer must conduct a full query under this section, which releases information in the Clearinghouse to an employer and requires that the individual driver give specific consent.
(b) (b) Annual query required. (1) Employers must conduct a query of the Clearinghouse at least once per year for information for all employees subject to controlled substance and alcohol testing under this part to determine whether information exists in the Clearinghouse about those employees.
适用于 Part 382 覆盖、需要 CDL 的商业驾驶工作。是否豁免，不能仅凭业务在州内还是跨州判断。本文概述办理要求，不判定个人检测结果或回岗资格。For CDL-required commercial driving covered by Part 382; intrastate versus interstate operation alone does not establish an exemption. This is a process overview, not a decision on an individual test result or return-to-duty eligibility.
上岗前做全量查询，在职至少每年再查Run a full query before the first safety-sensitive work, then query at least annually
- 具体要求What the rule requires
- 首次安排该司机执行安全敏感工作前须进行 Clearinghouse 全量查询；在职司机至少每年查询一次。符合条件的年度有限查询若显示有记录，应在 24 小时内完成全量查询；未及时完成时，不得继续安排安全敏感工作，直到全量查询确认没有禁止上岗的记录。A full Clearinghouse query is required before permitting the driver’s first safety-sensitive work, with a query at least annually afterward. If a qualifying annual limited query indicates a record, complete the full query within 24 hours. If that deadline is missed, do not allow safety-sensitive work until a full query confirms no prohibiting record.
(a) (a) Pre-employment query required. (1) Employers must not employ a driver subject to controlled substances and alcohol testing under this part to perform a safety-sensitive function without first conducting a pre-employment query of the Clearinghouse to obtain information about whether the driver has a verified positive, adulterated, or substituted controlled substances test result; has an alcohol confirmation test with a concentration of 0.04 or higher; has refused to submit to a test in violation of § 382.211; or that an employer has reported actual knowledge, as defined at § 382.107, that the driver used alcohol on duty in violation of § 382.205, used alcohol before duty in violation of § 382.207, used alcohol following an accident in violation of § 382.209, or used a controlled substance, in violation of § 382.213.
(a)(2) (2) The employer must conduct a full query under this section, which releases information in the Clearinghouse to an employer and requires that the individual driver give specific consent.
(b) (b) Annual query required. (1) Employers must conduct a query of the Clearinghouse at least once per year for information for all employees subject to controlled substance and alcohol testing under this part to determine whether information exists in the Clearinghouse about those employees.
(b)(2) (2) In lieu of a full query, as described in paragraph (a)(2) of this section, an employer may obtain the individual driver's consent to conduct a limited query to satisfy the annual query requirement in paragraph (b)(1) of this section. The limited query will tell the employer whether there is information about the individual driver in the Clearinghouse, but will not release that information to the employer. The individual driver may give consent to conduct limited queries that is effective for more than one year.
(b)(3) (3) If the limited query shows that information exists in the Clearinghouse about the individual driver, the employer must conduct a full query, in accordance with paragraph (a)(2) of this section, within 24 hours of conducting the limited query. If the employer fails to conduct a full query within 24 hours, the employer must not allow the driver to continue to perform any safety-sensitive function until the employer conducts the full query and the results confirm that the driver's Clearinghouse record contains no prohibitions as defined in paragraph (d) of this section.
(d) (d) Prohibition. No employer may allow a driver the employer employs or intends to hire or use to perform any safety-sensitive function if the results of a Clearinghouse query demonstrate that the driver has a verified positive, adulterated, or substituted controlled substances test result; has an alcohol confirmation test with a concentration of 0.04 or higher; has refused to submit to a test in violation of § 382.211; or that an employer has reported actual knowledge, as defined at § 382.107, that the driver used alcohol on duty in violation of § 382.205, used alcohol before duty in violation of § 382.207, used alcohol following an accident in violation of § 382.209, or used a controlled substance in violation of § 382.213, except where a query of the Clearinghouse demonstrates:
(d)(1) (1) That the driver has successfully completed the SAP evaluation, referral, and education/treatment process set forth in part 40, subpart O, of this title; achieves a negative return-to-duty test result; and completes the follow-up testing plan prescribed by the SAP.
(d)(2) (2) That, if the driver has not completed all follow-up tests as prescribed by the SAP in accordance with § 40.307 of this title and specified in the SAP report required by § 40.311 of this title, the driver has completed the SAP evaluation, referral, and education/treatment process set forth in part 40, subpart O, of this title and achieves a negative return-to-duty test result, and the employer assumes the responsibility for managing the follow-up testing process associated with the testing violation.
使用固定来源版次；适用日期与例外以原文及历史沿革为准。Uses a fixed source edition; check the original and statutory history for operative dates and exceptions.
法规原文 · 英文REGULATION TEXT · ENGLISH
酒精与药物记录查询（Clearinghouse）§ 382.701 Drug and Alcohol Clearinghouse.
官方来源快照；不代表已核对现行汇编及后续修订。请核对来源版本。Official-source snapshot; current consolidated law and subsequent amendments have not been verified.
展开英文原文Read the English original收起英文原文Hide the English original
49 CFR 382.701 · § 382.701 Drug and Alcohol Clearinghouse.
§ 382.701 Drug and Alcohol Clearinghouse.
(a)Pre-employment query required. (1) Employers must not employ a driver subject to controlled substances and alcohol testing under this part to perform a safety-sensitive function without first conducting a pre-employment query of the Clearinghouse to obtain information about whether the driver has a verified positive, adulterated, or substituted controlled substances test result; has an alcohol confirmation test with a concentration of 0.04 or higher; has refused to submit to a test in violation of § 382.211; or that an employer has reported actual knowledge, as defined at § 382.107, that the driver used alcohol on duty in violation of § 382.205, used alcohol before duty in violation of § 382.207, used alcohol following an accident in violation of § 382.209, or used a controlled substance, in violation of § 382.213.
(a)(2)The employer must conduct a full query under this section, which releases information in the Clearinghouse to an employer and requires that the individual driver give specific consent.
(b)Annual query required. (1) Employers must conduct a query of the Clearinghouse at least once per year for information for all employees subject to controlled substance and alcohol testing under this part to determine whether information exists in the Clearinghouse about those employees.
(b)(2)In lieu of a full query, as described in paragraph (a)(2) of this section, an employer may obtain the individual driver's consent to conduct a limited query to satisfy the annual query requirement in paragraph (b)(1) of this section. The limited query will tell the employer whether there is information about the individual driver in the Clearinghouse, but will not release that information to the employer. The individual driver may give consent to conduct limited queries that is effective for more than one year.
(b)(3)If the limited query shows that information exists in the Clearinghouse about the individual driver, the employer must conduct a full query, in accordance with paragraph (a)(2) of this section, within 24 hours of conducting the limited query. If the employer fails to conduct a full query within 24 hours, the employer must not allow the driver to continue to perform any safety-sensitive function until the employer conducts the full query and the results confirm that the driver's Clearinghouse record contains no prohibitions as defined in paragraph (d) of this section.
(c)Employer notification. If any information described in paragraph (a) of this section is entered into the Clearinghouse about a driver during the 30-day period immediately following an employer conducting a query of that driver's records, FMCSA will notify the employer.
(d)Prohibition. No employer may allow a driver the employer employs or intends to hire or use to perform any safety-sensitive function if the results of a Clearinghouse query demonstrate that the driver has a verified positive, adulterated, or substituted controlled substances test result; has an alcohol confirmation test with a concentration of 0.04 or higher; has refused to submit to a test in violation of § 382.211; or that an employer has reported actual knowledge, as defined at § 382.107, that the driver used alcohol on duty in violation of § 382.205, used alcohol before duty in violation of § 382.207, used alcohol following an accident in violation of § 382.209, or used a controlled substance in violation of § 382.213, except where a query of the Clearinghouse demonstrates:
(d)(1)That the driver has successfully completed the SAP evaluation, referral, and education/treatment process set forth in part 40, subpart O, of this title; achieves a negative return-to-duty test result; and completes the follow-up testing plan prescribed by the SAP.
(d)(2)That, if the driver has not completed all follow-up tests as prescribed by the SAP in accordance with § 40.307 of this title and specified in the SAP report required by § 40.311 of this title, the driver has completed the SAP evaluation, referral, and education/treatment process set forth in part 40, subpart O, of this title and achieves a negative return-to-duty test result, and the employer assumes the responsibility for managing the follow-up testing process associated with the testing violation.
(e)Recordkeeping required. Employers must retain for 3 years a record of each query and all information received in response to each query made under this section. As of January 6, 2023, an employer who maintains a valid registration fulfills this requirement.
[81 FR 87725, Dec. 5, 2016, as amended at 86 FR 35639, July 7, 2021]
本页使用知识库固定留存的官方原文版本，具体版本日期见各全文。2026-10-12 按库内当前版次重新定位 §391.11、§391.45 和 §382.701 的节选；版次差异本身不证明法律要求发生变化。采集、查阅日期不是生效日期，仍应按实际业务核对适用条件。中文为 CTAC 白话说明，不是官方中文译文。This page uses pinned official-source editions in the library; each full-text reader identifies its version date. On October 12, 2026, passages from §§391.11, 391.45 and 382.701 were reselected against the current library editions. Edition differences alone do not establish changes in legal requirements. Capture and consultation dates are not effective dates; check applicability to the actual operation. Chinese text is a CTAC explanation, not an official translation.
依据关联的官方原文及官方项目说明起草。中文和英文解读均为 CTAC AI 辅助工作稿，未经人工审核；教学案例不是实际会员记录。采集日期不是法规生效日期。Drafted from linked official texts and agency guidance. Both language interpretations are CTAC AI-assisted drafts pending human review; examples are illustrative, not member records. Capture dates are not legal effective dates.
相关实务指南Related practical guides
查询 Clearinghouse 前的司机授权§ 382.703 Driver consent to permit access to information in the Clearinghouse.§ 382.703 Driver consent to permit access to information in the Clearinghouse.查询 Clearinghouse 前的司机授权
中文为 CTAC 白话说明，不是官方译文，也不构成个案法律意见。请先核对适用范围、来源版本与最新官方通知。CTAC plain-language explanations are not official translations or case-specific legal advice. Check scope, source editions and current official notices.