Can I lose my CDL license for a violation in the FMCSA Clearinghouse

Categories: education

Can I lose my CDL license for a violation in the FMCSA Clearinghouse?

Yes, The Second Clearinghouse Rule (CDL Downgrades) supports FMCSA’s goal of ensuring that only qualified drivers are eligible to obtain and retain a CDL. Beginning November 18, 2024, State Drivers License Agencies (SDLAS) will be required to remove the commercial driving privileges of drivers in a “prohibited” status in the Clearinghouse, which would result in a downgrade of the CDL until the driver completes the return-to-duty (RTD) process.

How do I reinstate my CDL driver privileges?

SDLAs must also query the Clearinghouse before issuing, renewing, upgrading, or transferring CDLs and issuing, renewing, and upgrading CLPs. The agencies must review a driver’s information when notified by FMCSA of a driver’s Clearinghouse status change.

Note: SDLAs with a legislative authority currently have the option to voluntarily query the Clearinghouse and downgrade CDLs for prohibited drivers and may do so before the November 18, 2024 compliance date. CDL Drivers in a “prohibited” status in the Clearinghouse will lose their commercial driving privileges. 

When will this new rule take effect?

The second Clearinghouse final rule (Clearinghouse-II) compliance date—November 18, 2024— is less than a year away and as part of these new Federal requirements, CDL drivers who have open violations in FMCSA’s Drug and Alcohol Clearinghouse will soon lose their commercial driving privileges.

How can I get my commercial driving privileges reinstated?

If you are a driver with a prohibited status and in order to have your Clearinghouse status change from “prohibited” to “not prohibited,” you must successfully 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. Click here to learn more about the DOT RTD Process.

Accredited Drug Testing provides clearinghouse registration assistance, RTD Reporting, Query assistance, and full c/tpa services. For more information call us today at (800)221-4291.

FMCSA has created a resource that outlines the steps drivers take to complete their RTD process: download the Return-to-Duty Quick Reference Guide

How will 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.