Transportation at First Advantage: FMCSA Clearinghouse-II Update and Impacts August 2024
September 20th, 2024
Commencing November 18, 2024, the FMCSA will require State Driver’s Licensing Agencies (SDLAs) to revoke commercial driving privileges from individuals who have a “prohibited” status in the agency’s Drug & Alcohol Clearinghouse. This would result in a downgrade of the license until the driver completes the return-to-duty (RTD) process, the Aency says.
The first Clearinghouse rule, which went into effect January 6, 2020, requires employers to:
- Query the Clearinghouse for current and prospective employees’ drug and alcohol violations before permitting those employees to operate a CMV on public roads.
- Annually query the Clearinghouse for each driver they currently employ.
The Clearinghouse-2 final rule (86 FR 55718), which is set to go into effect by November 18, 2024, requires that state driver licensing agencies revoke a commercial driving license from any CDL driver with a Clearinghouse violation.
Under these new regulations, the FMCSA is collaborating with SDLAs to enforce these rules, enhancing safety by preventing drivers from hiding their violations and ensuring that only qualified drivers hold commercial licenses. This initiative aligns with the FMCSA’s commitment to road safety and responsible commercial driving.
The regulation mandates SDLAs to start downgrading CDLs on November 18, 2024, but some states may begin earlier if they have the legislative authority to query the Clearinghouse and act upon their findings.
To regain a CDL, drivers must:
- Complete the SAP Return-to-Duty Process.
- The Clearinghouse will notify the SDLA upon completion.
- The driver can then apply for a new CDL.
According to the latest FMCSA report, 163,318 CDL and CLP holders are listed in “prohibited” status in the agency’s Drug & Alcohol Clearinghouse, an online database that tracks violations of FMCSA’s drug and alcohol testing program and could be affected by this change.
Employers and CDL drivers must stay informed and proactive in remediating any return to duty obligations.
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