Warning: CDL Drivers in 'Prohibited' Status Face Immediate Loss of Driving Privileges
- willrothconsulting
- Jun 17, 2024
- 3 min read
Abby Willroth is a NAADAC-qualified Substance Abuse Professional located in Central Arkansas. "If you have questions concerning the DOT Alcohol & Drug Testing Regulation, the Role of a SAP, or the Return-To-Duty process, ASK A SAP!"
The compliance date for the second Clearinghouse final rule (Clearinghouse-II) is approaching on November 18, 2024, which is exactly five months away. Under these new federal regulations, CDL drivers with unresolved violations in FMCSA's Drug and Alcohol Clearinghouse will soon face the loss of their commercial driving privileges.
To assist CDL drivers, FMCSA has updated the Clearinghouse website with a comprehensive list of frequently asked questions. These resources are designed to clarify the new regulations and outline the necessary steps for drivers to preserve or restore their commercial driving privileges if needed. Drug & Alcohol Clearinghouse (dot.gov)
How Will the Second Drug and Alcohol Clearinghouse Final Rule
Impact of Clearinghouse-II on CDL Drivers
As outlined in the initial Clearinghouse final rule (81 FR 87686), individuals with a "prohibited" status in the Clearinghouse are barred from operating a commercial motor vehicle (CMV). The second Clearinghouse final rule (Clearinghouse-II) strengthens this by ensuring that drivers with a "prohibited" status cannot maintain a commercial driver's license (CDL) or commercial learner's permit (CLP).
Effective 18 November 2024, the Clearinghouse-II final rule (86 FR 55718) mandates that State Driver Licensing Agencies (SDLAs) must revoke the commercial driving privileges of individuals subject to the CMV driving prohibition. This action will result in the downgrade of their license until they complete the return-to-duty (RTD) process.
Therefore, beginning 18 November 2024, a "prohibited" Clearinghouse status will result in the loss or denial of a CDL or CLP.
Note: SDLAs currently have the authority to voluntarily query the Clearinghouse and downgrade CDLs for prohibited drivers before the 18 November 12024 compliance deadline.
How Will Clearinghouse-II Enhance Safety on Our Nation’s Roads?
The directive to downgrade CDLs for drivers with a "prohibited" Clearinghouse status is rooted in the critical safety principle that individuals legally barred from operating a CMV due to drug or alcohol violations should not hold a valid CDL or CLP. The Clearinghouse-II final rule (86 FR 55718) aligns with FMCSA's goal of ensuring that only qualified drivers maintain CDLs, thereby reducing the frequency and severity of CMV accidents.
My CDL Was Downgraded Due to My "Prohibited" Clearinghouse Status. How Can I Reinstate My Commercial Driving Privileges?
To change your Clearinghouse status from "prohibited" to "not prohibited," you must complete the return-to-duty (RTD) process as specified in 49 CFR part 40, subpart O. Once your Clearinghouse status is updated to "not prohibited" upon successful completion of the RTD process, your State Driver Licensing Agency (SDLA) can reinstate your commercial driving privileges.
FMCSA has developed a resource detailing the steps drivers must follow for the RTD process. You can find more information and download the Return-to-Duty Quick Reference Guide at RTD Driver Insert - 508 (dot.gov). For a complete diagram on the RTD process, please visit The Return-to-Duty Process (dot.gov).
Resource Links:
Abby Willroth is a NAADAC-qualified Substance Abuse Professional located in Central Arkansas. "If you have questions concerning the DOT Alcohol & Drug Testing Regulation, the Role of a SAP, or the Return-To-Duty process, ASK A SAP!" If you are located in Arkansas and you would like to book a FREE 15-minute consultation, please visit DOT Return To Duty Consultation - Willroth Consulting
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