The Federal Motor Carrier Safety Administration proposed a rule back on April 28, 2020, titled “Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Non-Issuance/Downgrade of Commercial Driver’s License.”
Now approved, the rule is scheduled to take effect Nov. 18. It prohibits state driver licensing agencies from issuing, renewing, transferring or upgrading a CDL or commercial learner’s permit (CLP) for any driver banned from operating a commercial motor vehicle.
Essentially the rule will flag CDL license holders who failed a drug or alcohol test for a downgrade of their license within 60 days of the offense.
Drivers who fail a drug or alcohol test such as a Breathalyzer and blow over the legal limit of 0.04 will be removed from service and their CDL stripped within 60 days. Drivers will have to complete the return-to-duty test to attain their CDL again.
Reliance Partners’ Daniel Vega, director of safety, broke down how this is different from what happens today. “If an officer pulls you over and inspects you and you’re prohibited in the Drug & Alcohol Clearinghouse, you’re prohibited from doing safety-sensitive functions, which is driving a commercial vehicle, right? You could be put out of service, but your license could still be valid in your state.”
This rule will apply to existing CDL holders who have prohibited licenses registered with the clearinghouse. That’s a substantial number. An article on CDLLife.com states, “According to the latest FMCSA report 163,318 CDL and CLP holders are listed in ‘prohibited’ status in the agency’s Drug & Alcohol Clearinghouse.”
These are drivers who have not completed the return-to-duty process and could have their license downgraded come Nov 18.
The return-to-duty process involves the following steps:
- Meet with a DOT-qualified substance abuse professional (SAP).
- Complete the recommended treatment and/or education plan.
- Pass a return-to-duty test.
- Pass six unannounced follow-up tests assigned throughout the first 12 months back on the job.
This rule, commonly referred to as Clearinghouse-II, adds a layer of safety on the roads. It’s now much harder for drivers to hide drug and alcohol program violations from current or prospective employers or evade the commercial motor vehicle driving prohibition. Thus there should be far fewer unqualified drivers on the road, making it safer for everyone.
Asked if this could cause a driver shortage or negatively impact the freight market, Vega said, “I think there are going to be a lot of drivers doing the program, completing the SAP and getting their license reinstated. At the end of the day, we know the market’s rough out there. People are going to want to work and I’m sure there’s carriers that are going to hire these people.”
While the opportunity for drivers to return to the workforce after completing the program may help alleviate concerns of a shortage, it also brings important decisions to the forefront for carriers. The challenges of balancing market demand with hiring decisions rooted in past infractions can shape the direction a carrier chooses to take.
As for what carriers can expect when hiring drivers who have completed the return-to-duty process, Vega says, “For a carrier, you’re taking on more responsibility. Do people make mistakes? Of course. Everybody’s human. They’re going to make mistakes. Do you want to take on that risk or do you not? At the end of the day, it’s the carrier’s choice.”
As carriers navigate the evolving regulations and challenges surrounding Clearinghouse-II, driver recruitment will come under increased scrutiny. Carriers should strike a careful balance between meeting ongoing demand for drivers and ensuring that those they hire align with their safety standards and risk tolerance.
Successful recruitment will depend on a carrier’s ability to find drivers who not only meet regulatory requirements but also fit within the company’s broader risk management strategy, ensuring both operational success and safety on the road.
Frederick Ashby
All the truck drivers need to go on strick. It is entirely to many rules and regulations against CDL drivers. Or Organize and unionize. Not with the teamsters. they are the freaking mafia. Independent truckers union
Bob Cole
No company will hire a driver who went through the sap program, companies don’t want to pay higher insurance and risk of a driver relapse, the sap program is a death sentence for those drivers and their careers after completing the program for the next 5 year. Facts!
Kay Bee
So basically in other words, this is another way to make things alittle harder for people who are coming up in the trucking industry? Got it!
B.Cromer
Carriers are pretty much black balling drivers who fail a drug test. Sure people make mistakes, but carriers and the insurance companies will not take the risk of hiring a driver who made a mistake. Even if the driver has completed all the steps required to get a Return-To-Duty Status. I made the mistake of falling a drug test, and it’s cost me my career. I have no excuse.
Clay thompson
If they really cared they would fund a driver fitness program with workout trailers in all truck stops orcompany hubs. A healthy driver is more alert happy less injuries n safer on the road also they project a better impression to the public. Decrease in on the job and road injuries this could all be done with potable workout trailers . If they really cared but they dont.
Sequoya Pennington
So with the clearing House is not telling people is that once you complete the sap program and do the RTD test to get back in, they make sure that you still get punished 5 years out. So you’re still unable to get a job with a lot of these companies because the company’s excuses their insurance goes skyrocket up and you have to wait 5 years to the end of your sap so literally have to wait 10 years in order to work for any other company after your sap. It’s a punishment on top of a punishment. Most people that are on this app are black people. They know what they doing. They’re doing this to rule out black people out of the trucking company. Marijuana is not a bad drug. If anything, it makes you pay attention and makes you alert of all your surroundings. The stigma that marijuana makes you drowsy makes you an imperative while you’re on the road is like people talking about unicorns it never happens. If anything you would like to go to sleep you pull over and go to sleep for 6 to 7 hours. Wake up rejuvenated ready start on your journey to get to your destination but they make it seem like smoking marijuana is a bad thing. They demonize you for it. You deal with a lot of stresses on the road vehicles that try to cut you off that try to get in front of you hit their brakes so you can hit them so they can get an insurance claim off of you. So it’s a lot of things that truck drivers have to pay attention to and always be on alert for when driving over the road. And there’s a lot of traffic that you sit in that makes you restless that makes you tired behind the wheel. But you still have to have the alertiveness to finish your load or get it there on time. So having your 10-hour 11-hour break. If you’re able to smoke a joint or two and then go to sleep wake up rejuvenated rested ready to go. It would be more calmness on the road than having truck drivers. Zoom past you with no care. Literally in a rainy condition where it’s helling. They’re doing $7075 in the rain instead of doing the estimated speed, which is if the road conditions in front of your face are somewhat unable to see you. Would think you would do 4550 and a 70 if the conditions are bad. But no they do $75.80 and wonder why you get palups on the road when it’s foggy or you get trucks that veer off the road and range cedar snow because they’re going too fast for the conditions of the weather and on the road. And I bet you most of those accidents. They wasn’t under any other drugs but tiredness tiredness by itself is a drug. If you’re too tired you’re going to weave you’re going to act like it’s going to look like you’re drunk, but you’re not. So I think that instead of demonizing marijuana users they really need to look at it again. Clearing house is trying to make money off of blacks. It’s more than black people smoking, weed and driving trucks. But we’re most likely the ones that are catching the rear end of everything. Then you have these other kind of people that are you know snorting Coke and drinking while they’re driving so you can’t trace cocaine. It only stays in your system 3 days by then it’s gone so you demonize us. But you have cocaine heads driving over the road. Don’t know what to say about people in this world. Sometime you demonize one group but you always praise the other side and the other side is no better than the other side. So hopefully one day we will all get it together and stop judging each other and literally find out what’s working for the drivers over the road.
Nope nope
Daniel Vega is an idiot.
Ed
What about Dr prescribed medication how does that work