Effective November 18, 2024, new federal regulations mandate that drivers with CDL licenses classified as having a “prohibited” status in the FMCSA Drug and Alcohol Clearinghouse will lose or be denied their commercial driving privileges issued by the states. State driver’s license agencies will downgrade thousands of Commercial Driver’s Licenses (CDL) and Commercial Learner’s Permits (CLP) where the holders have a previous drug or alcohol violation that has not been cleared up.
How will you get your CDL license back?
Our team can help you with the return to duty process, call 866-843-4545.
You must clear up any previous drug or alcohol test violation and get removed from the “Prohibited” status in the FMCSA Drug & Alcohol Clearinghouse. This requires a return to duty process coordinated by a Substance Abuse Professional (SAP) and return to duty test. If you are not currently employed, the TPA services of National Drug Screening can assist you with your return to duty test. The first step is to complete the program with the SAP.
To contact a qualified Substance Abuse Professional (SAP) call 866.566.7692 and use Ref. Code 233.
You will need to be registered in the FMCSA Clearinghouse, and you will need to designate in the Clearinghouse the SAP that you will use for required evaluation along with education and or treatment.
Once you are cleared by the SAP, the team at National Drug Screening can facilitate your required return to duty test. This will get you out of the “prohibited” status. Your required follow-up tests can only be facilitated by an employer once you get back to work.
Why Will CDL Drivers Lose Their CDL License
The FMCSA is instructing state driver’s license agencies (SDLA) to revoke CDL/CLP privileges for any drivers identified as ‘prohibited’ in the Drug and Alcohol Clearinghouse. Currently, approximately 177,000 holders of CDL/CLP possess a prohibited status. These drivers should not be on the road. Employers should run a Clearinghouse query on all drivers they employee to validate the driver is not prohibited. It is also recommended around December 1, 2024, to run MVR checks on all drivers employed.
This change is due to the Clearinghouse-II final rule effective November 18, 2024. This final rule of the FMCSA Clearinghouse broadens the scope of penalties associated with drug and alcohol violations by mandating that states revoke Commercial Driver’s Licenses (CDLs) from drivers who have outstanding violations.
The new regulation encompasses four primary provisions. In summary, these provisions stipulate that:
- State Driver Licensing Agencies (SDLAs) are required to deny CDL transactions for drivers who are prohibited.
- SDLAs must revoke CDL privileges from a driver’s license upon receiving a violation notification from the Federal Motor Carrier Safety Administration (FMCSA).
- SDLAs are obligated to treat Commercial Learner’s Permit (CLP) privileges similarly to CDL privileges concerning Clearinghouse violations including revoking CLP privileges.
- All states receiving Motor Carrier Safety Assistance Program (MCSAP) funding (which includes all 50 states in 2023) must implement the prohibitions set forth by the Clearinghouse II rule.
In the past, when a driver violated regulations, such infractions were recorded in the Clearinghouse, which resulted in the driver being deemed ineligible to operate a commercial motor vehicle. Effective November 18, this regulation will require states to take further action concerning the drivers’ commercial driver’s licenses (CDLs). As a result, the driver will not only be classified as ineligible in then Clearinghouse but will also forfeit their commercial driver’s license
Does this Affect Carriers
Yes Clearinghouse II affects motor carriers. Clearinghouse violations can cost an employer as much as $5,833. Motor carriers following regulations already know to keep drivers who fail a drug test away from the wheel. Carriers or drivers that try to drive with a prohibited status will now be easier for state law enforcement to identify.
Driver shortages will increase making it difficult for carriers to keep trucks on the roads. Many drivers might simply change careers.
For FMCSA Clearinghouse Assistance Go to: ClearinghouseServices.com
For driver assistance needing a return to duty test, call 866-843-4545
