Commercial licensing is now tied to a driver’s Drug and Alcohol Clearinghouse status. Drivers in a prohibited status face a denied or downgraded commercial driver’s license (CDL) or commercial learner’s permit (CLP).

State driver’s licensing agencies (SDLAs) were given until November 18, 2024, to have systems to connect with the Clearinghouse to learn of and act on a driver’s status.       

How Many Drivers are Affected?

A prohibited status is placed on a driver’s Clearinghouse record as the result of a DOT drug or alcohol violation under 49 CFR Part 382. It is not removed until the Clearinghouse receives confirmation of a completed return-to-duty (RTD) program and test.

Out of the 178,839 drivers currently in a prohibited status:

• 136,224 have yet to start the RTD process,

• 17,368 are in process, and

• 25,247 show as eligible to take an RTD test.

Understanding the Downgrade Process

SDLAs have been instructed by the Federal Motor Carrier Safety Administration (FMCSA) to:

• Deny CDL and CLP issuance, renewal, upgrade, or transfer for any driver that has an unresolved violation (prohibited status) in the Clearinghouse; and

• 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 the status and reinstate privileges after learning that the driver is no longer prohibited.

Return to Duty Requirements

To get the prohibited status off their record, drivers must work with a substance abuse professional (SAP). The driver must designate the SAP in their Clearinghouse account. If a driver does not have a personal account, one must be created to proceed.

The designated SAP will indicate the completion of an initial evaluation, the successful completion of education/treatment, and a second evaluation. 

At this point, the driver is eligible for an RTD drug and/or alcohol test, as prescribed by the SAP. The prohibited status is lifted once an employer or consortium reports a negative RTD test(s).

Reclaiming a CDL or CLP

The Clearinghouse regulations (383.73(q)) don’t outline administrative processes for the SDLA to reinstate CDL privileges. As a result, drivers can’t assume their licenses are automatically restored when the status changes from prohibited to not prohibited in the Clearinghouse. They should speak with the SDLA to learn how to reclaim their licenses and what actions and documentation might be required of them.

Motor carriers should monitor the CDL status before allowing the driver to operate a commercial motor vehicle (CMV) after the prohibited status is lifted. There could be a delay in the reinstatement. Failing to check the driving record first could result in a citation and a fine for using a driver without a CDL when one is required.

More Visibility During Traffic Stops

Knowledge of a prohibited status is no longer limited to Commercial Vehicle Safety Alliance (CVSA) inspectors during roadside inspections. CVSA inspectors can see a driver’s status to determine if a driver should be placed out of service.

The recent change allows all safety enforcement officers to identify prohibited drivers after a license downgrade by conducting a license check during a routine traffic stop. This increased visibility will keep drivers from operating commercial vehicles when restricted.

A Tool for employers

Tying the driver’s CDL or CLP to the Clearinghouse status provides a medium for motor carriers not subject to Part 382.

Why does this impact them? A driver with a prohibited status is restricted from operating all CMVs, including non-CDL CMVs. And these carriers don’t have a Clearinghouse account or a means of detecting a prohibited status.

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 they need to know how to respond to an MVR showing a downgraded CDL due to the Clearinghouse status.