If the Clearinghouse experiences a technical issue that prevents users from conducting queries, FMCSA will post a notification on the home page informing employers that they may hire a driver using only the procedures set forth in 49 CFR 391.23(e). If no such notification is on the home page, the requirement to conduct pre-employment queries, in addition to the manual inquiries established in § 391.23(e), prior to engaging a driver in safety-sensitive functions is in effect.

If a driver is hired without a pre-employment query due to the scenario outlined above, once the technical issues have been resolved, the employer must access the Clearinghouse to conduct the pre-employment query as required by § 382.701(1). The employer may have the driver perform a safety-sensitive function, such as operating a commercial motor vehicle (CMV), while waiting for the result of this pre-employment query. If the query result is that the driver is prohibited, the driver must be immediately removed from safety-sensitive functions.