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.
Ronald Parks
My truck was driven in to while I slept at a TA truckstop in Mocksville NC. I refused not to have police come out and make a report being that I was in the sleeper. Since having my truck repaired, I’ve changed companies and had to answer questions and settle for one I didn’t want. But my insurance inquiry shows that I’ve been involved in a truck accident. I’d like to know what clearing house shows?
William
A lot of this is counter productive. It ignores how hard it is to get reinstated and find a job. To show how ass backwards the system is. You Actually have to find a job that’s willing to hire/ sponsor you. No companies want to do it because of the insurance liability. This keeps drivers from returning to the field. They need ex-drivers helping to craft these policies not someone who’s never been behind the wheel.
David Baker
Well you need to start enforcing the law that if you can’t read and speak English you are not allowed to take a CDL test because non Americans are taking over the trucking industry and cause all kinds of wrecks because they can’t read the flashing signs about stopped traffic ahead and inexperienced in driving a truck it’s about as if they can set behind the wheel they give them their cdl
Lee A Yoswick
Well …..
All I can say at this time….
I have had my License 1994.
Change my license in May,Georgia from Maryland.
Clearinghouse is a Joke getting Cleared for a job !
I have Never failed or refused a Drug and Alcohol test , no violations ever in a Commercial Vehicle..
Over Two Months waiting for Verification….!!!!$
Tons of calls,Emails …
No replies
Jamila Maynard
I think that people are so thirsty for other peoples money that they would do whatever to get away with robbery and harassment of professional workers, truckers,etc. Did anyone stop to think how that may potentially collapse the economy? Professional truck drivers deserve much more respect than to be constantly harassed and threatened. We’re here helping the world go around. If it wasn’t for Professional Truck Drivers delivering the products/goods. Everyone would suffer tremendously. Target your buddies with the deep pockets instead of your constant attacks on decent people like us professional truckers/workers.
P.S. It’s the larger companies/fleets that hire drivers, that have all the money. Professional truckers have to pay taxes just like majority of the people working regular jobs. It’s the larger corporations and millionaires/billionaires who get all the tax breaks or simply just don’t pay them.
Richard Conway
What about srivers from Mexico?
Hector Sosa
What about the international driver?with
Otto
They always cry driver shortage, Looks like more people will be out the industry. You know it’ll be 6 months at best to get your CDL reinstated… What we need… More regulation.