Monday was the compliance date for the second Clearinghouse final rule (Clearinghouse II) which according to the Federal Motor Carrier Safety Administration means that CDL drivers in a “prohibited” status in FMCSA’s CDL Drug and Alcohol Clearinghouse will now lose their State-issued commercial driving privileges until they complete the return-to-duty (RTD) process, as established by 49 CFR part 40, subpart O.
FMCSA developed these Frequently Asked Questions (FAQs) and resources to help CDL drivers understand the regulations and what actions they can take to reinstate their commercial driving privileges, if needed. All of these materials, and more, are available on the Clearinghouse website.
How might the second Drug and Alcohol Clearinghouse final rule (Clearinghouse II) affect a driver’s CDL status?
As established in the first Clearinghouse final rule (81 FR 87686), drivers with a “prohibited” Clearinghouse status are prohibited from operating a commercial motor vehicle (CMV). The second Clearinghouse final rule (Clearinghouse II) further supports this by ensuring that drivers with a “prohibited” Clearinghouse status do not continue to hold a commercial driver’s license (CDL) or commercial learner’s permit (CLP).
The Clearinghouse-II final rule (86 FR 55718) requires that, as of November 18, 2024, State Driver Licensing Agencies (SDLAs) must remove the commercial driving privileges from the driver’s license of an individual subject to the CMV driving prohibition. This will result in a downgrade of the license until the driver completes the return-to-duty (RTD) process.
This means that, as of November 18, 2024, having a “prohibited” Clearinghouse status will result in losing or being denied a CDL or CLP.
How does the second Drug and Alcohol Clearinghouse final rule (Clearinghouse II) improve safety on our Nation’s roads?
The requirement to downgrade commercial driver’s licenses (CDLs) of drivers in a “prohibited” Clearinghouse status rests on the safety-critical premise that drivers who cannot lawfully operate a commercial motor vehicle (CMV) because they engaged in prohibited use of drugs or alcohol or refused a drug or alcohol test should not hold a valid CDL or commercial learner’s permit (CLP). The Clearinghouse II final rule (86 FR 55718) supports FMCSA’s goal of ensuring that only qualified drivers are eligible to receive and retain a CDL, thereby reducing the number and severity of CMV crashes.
My commercial driver’s license (CDL) was downgraded due to my “prohibited” Clearinghouse status. How can I get my commercial driving privileges reinstated?
The first step is to have your Clearinghouse status change from “prohibited” to “not prohibited.” To do this, you must complete the return-to-duty (RTD) process, as established by 49 CFR part 40, subpart O. After you complete the RTD process and your Clearinghouse status is updated to “not prohibited,” your State Driver Licensing Agency (SDLA) will allow you to reinstate your commercial driving privileges.
FMCSA has created several resources that outline the steps drivers must take to complete their RTD process. Download the Return-to-Duty Quick Reference Guide or watch the new Clearinghouse Return-to-Duty video below. For more information about the RTD process, visit the Clearinghouse Learning Center.
Bruce Guthrie is an award-winning journalist who has lived in three states including Arkansas, Missouri and Georgia. During his nearly 20-year career, Bruce has served as managing editor and sports editor for numerous publications. He and his wife, Dana, who is also a journalist, are based in Carrollton, Georgia.
