Clearinghouse Status to Impact CDLs Effective November 18, 2024

Over 171,000 drivers (as of June 1, 2024) are currently in a prohibited status in the Drug and Alcohol Clearinghouse. If these drivers don’t move forward with the return-to-duty (RTD) process by November 18, 2024, they may find their commercial licenses denied or downgraded.

A prohibited status is placed on a driver’s Clearinghouse record as the result of DOT drug or alcohol violation under 49 CFR Part 382. It is not removed until the driver completes an SAP (substance abuse professional) program and has a negative RTD drug and/or alcohol test.

Out of the 171,361 drivers currently in a prohibited status:

• 130,289 (76%) have yet to start the RTD process;
• 15,993 (9.3%) have started the RTD process; and
• 25,079 (14.6%) show a completed SAP program and eligibility to take a RTD test.

Since the Clearinghouse launched, 249,539 drivers have had at least one reported violation. Of these approximately quarter million drivers, 78,178 are no longer in a prohibited status. As of June 1, 2024, the Clearinghouse reports:

• 58,011 drivers completed steps through a negative RTD test; and
• 20,167 completed all steps by finishing the follow-up testing plan.

Instructions to DMVs on drivers in prohibited status

State driver’s licensing agencies (SDLAs) have been instructed by the Federal Motor Carrier Safety Administration (FMCSA) to take the following actions:

• Deny commercial driver’s license (CDL) and commercial learner’s permit (CLP) issuance, renewal, upgrade, or transfer for any driver that has an unresolved violation (prohibited status) in the Clearinghouse.
• Downgrade existing CDL and CLP holders while they are in prohibited status in the Clearinghouse.

The SDLA must report the downgrade within 60 days of learning of the status and reinstate privileges after learning that the driver is no longer prohibited. Section 383.73(q) does not dictate administrative processes for the SDLA to reinstate CDL privileges. Motor carriers and drivers should speak with their SDLA to learn how a driver is to provide documentation to reclaim their license.

MVRs help identify prohibited drivers

Knowledge of a prohibited status will no longer be limited to just Commercial Vehicle Safety Alliance (CVSA) inspectors during a roadside inspection. Today, CVSA inspectors can see a driver’s status to determine if a driver should be placed out of service. The new rule allows all safety enforcement officers to identify prohibited drivers by conducting a license check during a routine traffic stop. This increased visibility will keep drivers from operating commercial vehicles when restricted.

In addition, tying the driver’s CDL or CLP to the Clearinghouse status provides a medium for motor carriers that are not subject to Part 382. These carriers are not eligible for a Clearinghouse account, and don’t currently have a means of detecting a prohibited status. But a driver with an unresolved testing violation is restricted from the operation of all commercial motor vehicles (CMVs), including non-CDL CMVs. These motor carriers can avoid using a driver in a prohibited status through a motor vehicle record (MVR) or continuous MVR monitoring. Those who manage a carrier’s driver qualifications (DQ) files should be brought into the conversation, since the MVR will show a downgraded CDL.

Key to remember: Drivers who have a Part 382 violation but do not pursue the return-to-duty process will soon lose their ability to hold a CDL once SDLAs tie licensing to a driver’s Clearinghouse status.