An estimated 171,000 commercial drivers are at risk of having their licenses downgraded due to violations in the Federal Motor Carrier Safety Administration’s (FMCSA's) Drug & Alcohol Clearinghouse database. As of June 1, 2024, these drivers hold a “Prohibited” status in the Clearinghouse, which bars them from operating commercial motor vehicles (CMVs) on public roads.
If these drivers fail to complete the required Return-to-Duty (RTD) process by November 18, 2024 (as established by 49 CFR part 40, subpart O), they will face an automatic CDL downgrade. State Driver Licensing Agencies (SDLAs) will be required to remove their commercial driving privileges, leaving them unable to legally drive CMVs until the RTD process is completed.
What Is the Clearinghouse-II Rule?
The FMCSA’s Drug & Alcohol Clearinghouse is a federal database tracking drug and alcohol violations among CDL and Commercial Learner’s Permit (CLP) holders. It provides employers and law enforcement with real-time access to this information, ensuring that drivers with substance abuse violations are identified and prohibited from operating commercial vehicles.
The upcoming CDL downgrade ruling is part of the Clearinghouse-II regulations, introduced by the FMCSA in October 2021. This regulation aims to enhance road safety by ensuring that drivers with unresolved drug and alcohol violations cannot operate CMVs. For companies employing CDL drivers, it’s essential to monitor compliance with these regulations to avoid operational disruptions.
In May of 2024, the FMCSA reported that 171,361 CDL and CLP holders were currently in “Prohibited” status. Of these, 130,289 had not yet started the RTD process, which is mandatory for reinstating their commercial driving privileges. This is an increase from earlier reports, which listed 163,318 drivers in “Prohibited” status, indicating a growing issue with noncompliance.
Next Steps for Companies with CDL Drivers
CDL drivers who have yet to start the RTD process must act swiftly to avoid a CDL downgrade.
For companies managing CDL drivers, this new ruling underscores the importance of proactive compliance and risk management. Companies must ensure their drivers' CDLs are in good standing and that they remain compliant with both federal regulations and company safety policies.
Your team must have comprehensive driver monitoring tools in place to quickly identify CDL drivers with these types of violations. By receiving ongoing alerts of new motor vehicle record (MVR) and Compliance, Safety, Accountability (CSA) activity, companies can take swift action to remediate these risks. With ongoing visibility, you can ensure that these unsafe drivers are promptly addressed and removed from the road.
To learn more about how continuous driver monitoring quickly identifies license status changes, violations and dangerous driving behaviors, download our free guide, Continuous Monitoring 101: Maintaining a 360-Degree View of Driver Risk. -min.png?width=2973&height=781&name=10.2%20SS_CTA-03%20(1)-min.png)