Starting November 18, 2024, a significant update to the Federal Motor Carrier Safety Administration (FMCSA) Drug & Alcohol Clearinghouse rules will require State Driver Licensing Agencies (SDLAs) to downgrade the Commercial Driver’s Licenses (CDLs) of drivers who are listed in a “prohibited” status due to violations involving drugs or alcohol. This includes drivers who have failed drug or alcohol tests or refused to take a test and have not yet completed the required Substance Abuse Professional (SAP) process.
What Does This Mean for CDL Holders?
Under the new regulation, any commercial driver who has an unresolved violation in the FMCSA Clearinghouse will lose their commercial driving privileges. This means that drivers who have not yet completed the necessary steps to return to compliance (such as the SAP process) will see their CDL downgraded, rendering them unable to legally operate a commercial vehicle.
Currently, there are over 190,000 drivers nationwide with CDLs in this “prohibited” status, and this number is expected to grow as more violations are reported.
Impact on Employers and Employees
Employers who rely on employees with CDLs for both FMCSA-regulated and non-regulated work need to be aware that starting in November, some of their drivers may no longer hold an active CDL if they are in a prohibited status. This could have significant operational impacts for businesses, especially those that depend on commercial drivers for a variety of tasks, including non-FMCSA regulated duties.
What Employers Need to Do
To stay compliant with the new regulation, employers should ensure they are aware of the status of their drivers in the FMCSA Clearinghouse and communicate any changes to affected employees. It’s also recommended that companies review their Drug-Free Workplace policies to incorporate the new requirements and notify both DOT and non-DOT regulated employees about the upcoming changes.
This update emphasizes the importance of compliance with FMCSA regulations and highlights the need for employers to stay informed about their employees’ status in the Drug & Alcohol Clearinghouse.
INFORMATION FROM THE FMCSA 11.18.24
CDL drivers in a “prohibited” status in the Clearinghouse will lose their commercial driving privileges.
Today—November 18, 2024—is the compliance date for the second Clearinghouse final rule (Clearinghouse II). This means that CDL drivers in a “prohibited” status in FMCSA’s CDL Drug and Alcohol Clearinghouse will now lose their State-issued commercial driving privileges until they complete the return-to-duty (RTD) process, as established by 49 CFR part 40, subpart O.
FMCSA developed the FAQs and resources below to help CDL drivers understand the regulations and what actions they can take to reinstate their commercial driving privileges, if needed. All of these materials, and more, are available on the Clearinghouse website.
How might the second Drug and Alcohol Clearinghouse final rule (Clearinghouse II) affect a driver’s CDL status?
As established in the first Clearinghouse final rule (81 FR 87686), drivers with a “prohibited” Clearinghouse status are prohibited from operating a commercial motor vehicle (CMV). The second Clearinghouse final rule (Clearinghouse II) further supports this by ensuring that drivers with a “prohibited” Clearinghouse status do not continue to hold a commercial driver’s license (CDL) or commercial learner’s permit (CLP).
The Clearinghouse-II final rule (86 FR 55718) requires that, as of November 18, 2024, State Driver Licensing Agencies (SDLAs) must remove the commercial driving privileges from the driver’s license of an individual subject to the CMV driving prohibition. This will result in a downgrade of the license until the driver completes the return-to-duty (RTD) process.
This means that, as of November 18, 2024, having a “prohibited” Clearinghouse status will result in losing or being denied a CDL or CLP.
How does the second Drug and Alcohol Clearinghouse final rule (Clearinghouse II) improve safety on our Nation’s roads?
The requirement to downgrade commercial driver’s licenses (CDLs) of drivers in a “prohibited” Clearinghouse status rests on the safety-critical premise that drivers who cannot lawfully operate a commercial motor vehicle (CMV) because they engaged in prohibited use of drugs or alcohol or refused a drug or alcohol test should not hold a valid CDL or commercial learner’s permit (CLP). The Clearinghouse II final rule (86 FR 55718) supports FMCSA’s goal of ensuring that only qualified drivers are eligible to receive and retain a CDL, thereby reducing the number and severity of CMV crashes.
My commercial driver’s license (CDL) was downgraded due to my “prohibited” Clearinghouse status. How can I get my commercial driving privileges reinstated?
The first step is to have your Clearinghouse status change from “prohibited” to “not prohibited.” To do this, you must complete the return-to-duty (RTD) process, as established by 49 CFR part 40, subpart O. After you complete the RTD process and your Clearinghouse status is updated to “not prohibited,” your State Driver Licensing Agency (SDLA) will allow you to reinstate your commercial driving privileges.
FMCSA has created several resources that outline the steps drivers must take to complete their RTD process. Download the Return-to-Duty Quick Reference Guide or watch the new Clearinghouse Return-to-Duty video below. For more information about the RTD process, visit the Clearinghouse Learning Center.
Watch the Driver Return-to-Duty Video
FMCSA has created this new video that walks drivers through the steps they need to take if they want to update a “prohibited” Clearinghouse status to “not prohibited” and reinstate their CDLs. Watch the video
For more information, log in to your Clearinghouse account. To register, visit https://clearinghouse. fmcsa.dot.gov/register.