REFERENCES

FMCSA amends the Federal Motor Carrier Safety Regulations to establish requirements for the Commercial Driver’s License Drug and Alcohol Clearinghouse (Clearinghouse), a database under the Agency’s administration that will contain information about violations of FMCSA’s drug and alcohol testing program for the holders of commercial driver’s licenses (CDLs).

This rule is mandated by the Moving Ahead for Progress in the 21st Century Act (MAP–21). It will improve roadway safety by identifying Commercial Motor Vehicle (CMV) drivers who have committed drug and alcohol violations that render them ineligible to operate a CMV.

This final rule requires that State Driver Licensing Agencies:

• Must not issue, renew, upgrade, or transfer a commercial driver’s license (CDL), or commercial learner’s permit (CLP), as applicable, for any individual prohibited under FMCSA’s regulations from performing safety-sensitive functions, including driving a commercial motor vehicle (CMV), due to one or more drug and alcohol program violations.
• Must, upon receipt of notification that a driver is prohibited from operating a CMV due to a drug and alcohol program violation, initiate the downgrade process to remove the CLP or CDL privilege from the driver’s license within 60 days.

Drivers completing the return-to-duty process before the downgrade process is completed would no longer be prohibited from operating a CMV and thus would no longer be subject to a downgrade.

SDLAs have until November 18, 2024 (compliance date) to comply with these requirements. In addition, FMCSA extends the compliance date for the requirement that SDLAs query the Clearinghouse prior to issuing, renewing, upgrading, or transferring a CDL from January 6, 2023 to November 18, 2024. SDLAs currently have the option to voluntarily query the Clearinghouse and may do so before the compliance date