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Phase 2 of Clearinghouse now in effect: Drivers in ‘prohibited’ status will lose CDLs

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Phase 2 of Clearinghouse now in effect: Drivers in ‘prohibited’ status will lose CDLs
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.

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

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.

Avatar for Bruce Guthrie
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.
For over 30 years, the objective of The Trucker editorial team has been to produce content focused on truck drivers that is relevant, objective and engaging. After reading this article, feel free to leave a comment about this article or the topics covered in this article for the author or the other readers to enjoy. Let them know what you think! We always enjoy hearing from our readers.

25 Comments

you always talking about what the f*cking truck driver has to go through why don’t you put some of these f*cking stupid ass people that drive these dam cars in a f*cking program like that these stupid ass idiot’s who cause most of this sh*t that’s happening out there on the highways

This is all such BS…Any offense or offenses that I or anyone that I know that is being affected by these new Clearinghouse rules, committed the offense before the Clearinghouse was ever established in 2000… We have paid our dues to the offenses and have had clear driving records for 25+ years. Being a Massachusetts CDL holder, it has already cost $50.00 to schedule a hearing to argue our point. Now according to the Clearinghouse ll, my license is being downgraded as of today, 11/18/2024… the state says my license is good until my hearing outcome…my hearing is 12/19…who is right and who do I listen to?

Get rid of the experienced driver and hire the inexperienced ones. That’s really gonna make the roads safe, you think?

Maybe that’s why so much hiring is going on. That and all drivers are quitting old and new. The companies today are disorganized because the dispatchers are quitting ,drivers pay is down and all companies lie and cheat the driver ,then they quit .The industry is going through major injustices to drivers right now and companies do not care.

an experienced driver doesn’t do drugs or alcohol so you only have your self to blame for your loss. you obviously aren’t that experienced to know not to drink or do drugs. personally
I think you need to find a different job. I don’t want you on the roads

can a driver get a lawyer to fight clearing house. every thing that happened to me was just wrong I drove truck for 28 years and never failed a drug test or alcohol I don’t do either one of them I should not be on clearing house program

yup….your absolutely right….you can’t have it your way….you know the rule’s..and that’s it …no drugs…no alcohol…..you got to grow up some time…….a drug addict is a drug addict …no matter what drug you take …legal or illegal…..if your doing more than 3:times a week ..your addicted

hey Wayne bite me what I do on my own time is my business. if I want a beer or three after driving all day I will so fun off

I was a safety department manager and business owner and I know the importance of the RTD requirements and see the need for this type of program. It’s new and will need to be fine tuned for a bit but if you’re not doing drugs you don’t need to worry. Every positive drug test can be challenged.

why don’t they use driverless trucks they can’t be cited . Stupid moron federal and state govt. Get a life and f*ck off.!!!!!!!!!!!🤬

Being a CDL holder for over 26 years, AND being an alcoholic. I totally agree with this whole process. Though I was lucky not to get caught and grateful no body was ever hurt due yo my negligence, but now being sober for 6 years I see more and more drivers on the road pushing the limits. If you have an issue, don’t do it behind the wheel of a CMV. If you do you deserve the consequences of what ever happens up to and including losing your license.

I feel what everyone is going thru about the prohibited before RTD . I’m on the final step 6, my follow-ups and still struggling to get a job. all these companies or insurance that cover these companies are no good. they make it seem like everyone who has made a bad choice becomes a criminal drug cartel of some kind. now listen drives if or when you get the RTD make sure you get the follow up done from that company don’t quit that job until you finish the final step. that’s what I’m struggling now good luck

Downgrade my license after a false report of a refusal. Tried to correct this and was told I can’t appeal a “refusal” !!!!!!! PA DOL ruled in my favor in my UC appeal stating “I DID NOT REFUSE” and released my unemployment!!! This is all a bunch of Bulls*** !!!!!!! WTF !!!!!!!

Omg they are doing this to cdl drivers purposely i have had my cdl since 1994 in never had an accident fail a test in now it’s just weird that this company called the vault located in texas is saying a test came back positive when i don’t drink or do anything illegally now they are trying to make me do some clearing house mess this is so suspicious this is not right they are damaging peoples lively hood in crazy thing all my other test for other jobs are fine calling my lawyer asap

what’s the difference it’s the same thing as not being able to drive anyways that’s basically already a rule that been in affect

We should ALL be calling Trucker Associations, etc. to have them reach out to Uncle T (Pres. Trump) and the White House to quickly rectify this shytt!!! Truckers for Trump!!!

robots clearing house u need to go take a drug test if it comes up if you dont pass you get to stand in front of the guns then ur done out of service just lost a leg o now what u gona do to bad how am i gona pay bills its not my problem starve you f*ck dog i hope you rot in hthat wants to say fk yell clearringhouse i got put out cause of your bs sold my trk cause of your fking games so fk you you mthfer i hope it haunts you your a dandy im sure im not the only one that wants to say FK YOU MTHERFKER i hope you rot in hell agian have a good life i hope you walk out in front of a trk and it smashes you c yuh

Seems like the American .government is trying to do the same to it’s experienced truck driver’s like Canada did to theirs. Create a false narrative that there’s a shortage of truck driver’s and bring in cheap labour from other countries to take over the trucking industry.

I thank it’s all good but the senators congressman mayor’s & any public officials should have a hair folical test every 3 mounths. Should be tested for drugs . You want to hold safety sensitive positions accountable start with the law makers we can clean house.See how they like it.

I personally never did the hard stuff back when I was younger I experimented with weed. I did sell and cook it with that said back in the early 90s I did fail a dot for stuff I was selling so just putting that out there really you can’t even be around it if you’re going to stay on the road I don’t like this industry no more I will probably work in the warehouse now or start a little business up we drive the truck and everything is controlled by everything else. Elds doctors politicians tech guys Ahole safety guys etc.

F*cking carpetbaggers all!! Drink a beer or 2 and then you can lose your license for alcohol abuse, the very next day because of some d*ckweed, who was tripping the night before, freaked out and ran a red light and you plowed his ass and he died. Who is to blame??? The truck driver is always guilty, no matter what he did last night. PERIOD

i dont think.that it should be done this way ..we need to do this with first responders as well as law inforsment .and all the way down the line.in my research iv have found that 85 % of thuck crashes are the cars are at falt .people infact more people loos there lifes to bush crashes and road workers loose there lifes the cars i think and one with a dl should do this as well makes sence

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