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This new phase will allow the sanctioning of drivers who continue to operate vehicles after having received alcohol or drug violations.
The Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse enters its next phase on November 18, known as Clearinghouse-II. This new phase will allow federal regulators to require state driver licensing agencies to downgrade the commercial driver’s license (CDL) of a truck driver who fails a drug or alcohol test and prohibits them from driving.
This change will affect commercial drivers who have not completed their return-to-duty process after a drug or alcohol-related violation. However, once drivers meet the requirements for returning to work, licensing agencies will reinstate their driving privileges. Clearinghouse-II aims to improve coordination between state and federal law but will not directly impact carrier compliance, as they are already required to refrain from using drivers who are ineligible.
Clearinghouse-II: key provisions
Currently, FMCSA prohibits drivers with drug or alcohol-related violations from continuing to work. The new final rule, Clearinghouse-II, extends this penalty by requiring states to revoke the CDL of drivers with pending violations. The rule includes four key provisions:
- State agencies must deny CDL transactions for drivers with a prohibited status.
- CDL privileges will be revoked after receiving a violation notification from FMCSA.
- The same rules will apply to commercial learner’s permits (CLPs) in relation to Clearinghouse violations.
- All states receiving MCSAP funding must adopt the Clearinghouse-II prohibition.
These new requirements will enable highway safety agents to more easily identify commercial drivers with a prohibited status by checking their CDL. Once a driver is placed in prohibited status, states will have 60 days to downgrade their CDL or learner’s permit.
Consequences for carriers
According to the August 2024 Clearinghouse report, approximately 177,000 CDL/CLP holders have a prohibited status due to drug or alcohol violations. Of these, only 25,000 are eligible for the return-to-duty test, while over 134,000 have not yet begun the process. Drivers who fail to take action could face the revocation of their CDL in any state. Clearinghouse violations can cost a carrier up to $5,833.
The report notes that drivers with violations who fail or refuse a drug test will have their prohibited status reflected in the Clearinghouse database, allowing states to take immediate action to revoke their CDL privileges. This could further reduce the available workforce or, at the very least, require drivers to complete the return-to-duty process and have their CDL reinstated before they can resume driving a commercial vehicle. Regulators have already begun planning for annual program inspections to ensure state CDL programs comply with all new federal requirements.
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