FMCSA stricter measures: CDL downgrade for drug and alcohol violations

Clearinghouse II: stricter measures due to non-compliance by truck drivers

The Clearinghouse, implemented on January 6, 2020, by congressional mandate, has successfully removed many drivers with drug-related violations from the roads. However, approximately 177,000 drivers remain in a prohibited driving status after failing drug tests and not completing the federal return-to-duty process.

The new rule will require state Departments of Motor Vehicles (DMVs) to downgrade the commercial licenses of these drivers. Once a driver is placed in a prohibited status, states will have 60 days to downgrade their CDL or learner’s permit. Some states have already started this process, issuing warning letters to drivers, notifying them that they must begin the return-to-duty process or face the downgrade of their license.

Returning to work involves several steps, which leads many drivers to avoid the process. However, following this strict program is essential to ensure they return to the roads without posing a danger to themselves or others, in compliance with FMCSA regulations. Clearinghouse II will enforce stricter measures to encourage drivers to complete the process, as a downgraded license will prevent them from performing the same commercial activities.

Additionally, regulators have begun planning annual inspections of the program to ensure that state CDL programs comply with all new federal requirements. Price indicated there could be potential consequences for states that fail to meet the new mandate.