The FMCSA Clearinghouse is gearing up for a major shift. The new Clearinghouse Rule II is set to shake things up, mandating states to take a more active role in ensuring road safety. Come November 18, 2024, state Driver Licensing Agencies (SDLAs) across the nation will be required to downgrade the licenses of drivers with prohibited statuses. This means no more commercial driving for those with drug and alcohol violations. While November 18, 2024, was the official deadline for states to fall in line, some states have already begun downgrading licenses.
One of the most significant changes set to take place is the automatic downgrading of a CDL or CLP when a driver is in a "prohibited" status in the Clearinghouse. This means that, if a driver is prohibited from operating a CMV due to a violation, the SDLA will be required to remove the driver’s commercial driving privileges. This downgrade will remain in place until the driver successfully completes the RTD process.
The Return-to-Duty Process: How Drivers Can Reinstate Their CDL
For drivers who find themselves in a prohibited status and lose their CDL, there is a clear path toward reinstatement, though it requires adherence to the FMCSA’s strict Return-to-Duty (RTD) process. The RTD process is outlined in 49 CFR part 40, subpart O, and involves several key steps:
- Substance Abuse Professional (SAP) Evaluation: The driver must undergo an evaluation by a qualified SAP, who will recommend treatment or education.
- Treatment or Education Program: Drivers must complete the treatment or education program recommended by the SAP.
- Follow-up Testing: After completing the treatment program, the driver must pass a return-to-duty drug or alcohol test.
- Clearinghouse Status Update: Once these steps are completed, the driver’s status will be updated to “not prohibited” in the Clearinghouse database.
After completing the RTD process, drivers can apply to have their CDL or CLP reinstated through their SDLA. This is a critical step for those looking to return to commercial driving after a violation.
Check the website to help find the SAP near you: www.saplist.com
