Clearinghouse-II and CDL Downgrades

CDL Drivers in a “prohibited” status in the Clearinghouse will lose their commercial driving privileges.

The second Clearinghouse final rule (Clearinghouse-II) compliance date—November 18, 2024— is less than a year away. 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.

FMCSA added the following frequently asked questions on the Clearinghouse website to help CDL drivers understand the new regulations, and what actions they can take to retain or reinstate their commercial driving privileges, if needed.

How will the second Drug and Alcohol Clearinghouse final rule (Clearinghouse-II) affect CDL drivers?

As established in the first Clearinghouse final rule (81 FR 87686), drivers with a “prohibited” Clearinghouse status are prohibited from operating a commercial motor vehicle (CMV). The second Clearinghouse final rule (Clearinghouse-II) further supports this by ensuring that drivers with a “prohibited” Clearinghouse status do not continue to hold a commercial driver’s license (CDL) or commercial learner’s permit (CLP).

The Clearinghouse-II final rule (86 FR 55718) requires that, beginning November 18, 2024, State Driver Licensing Agencies (SDLAs) must remove the commercial driving privileges from the driver’s license of an individual subject to the CMV driving prohibition. This would result in a downgrade of the license until the driver completes the return-to-duty (RTD) process.

This means that, beginning November 18, 2024, having a “prohibited” Clearinghouse status will result in losing or being denied a CDL or CLP.

Note: SDLAs with 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.

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.

My commercial driver’s license (CDL) was downgraded due to my “prohibited” Clearinghouse status. How can I get my commercial driving privileges reinstated?

To have your Clearinghouse status change from “prohibited” to “not prohibited,” you must 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.

FMCSA has created a resource that outlines the steps drivers take to complete their RTD process: download the Return-to-Duty Quick Reference Guide. For more information about the RTD process, visit the Clearinghouse Learning Center.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

Original article published by FMCSA

Drug and Alcohol Clearinghouse Now Contains 3 Years of Data

DOT Physical Form Expiration Date

First published by NDASA

Keep Using the DOT Medical Exam Forms Expiring Today

The date found on the top right corner of the following forms indicate the date of expiration is today, November 30th, 2021

This is the date of expiration for the Office of Management and Budget (OMB) approved information collection 2126-0006.

FMCSA is in the process of submitting the information collection renewal request for approval. Please continue to use the forms that are currently posted on the FMCSA website.

Once the information collection renewal has been approved, new versions of the Medical Examination Report Form, MCSA-5875, Medical Examiner’s Certificate, MCSA-5876, and Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-5870 will be posted on the FMCSA website indicating the forms have been renewed.

View the current form here: FMCSA Form MCSA-5875 (dot.gov)


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA Drug and Alcohol Clearinghouse Rulemaking Update

First published by FMCSA

Photo property of FMCSA

Clearinghouse Rule II

What It Means for Clearinghouse Users

On November 8, 2021, the second Clearinghouse final rule, Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Non-Issuance/Downgrade of Commercial Driver’s License; Correction, went into effect. This rule addresses how States are required to use the information in the Clearinghouse to help ensure that only qualified drivers are eligible to receive and retain a commercial driver’s license (CDL).

Employer Requirements Have Not Changed

The second Clearinghouse rule does not change any of the requirements for employers to query CDL and commercial learner’s permit (CLP) holders and report drug and alcohol program violations. All requirements established by the first Clearinghouse rule, Commercial Driver’s License Drug and Alcohol Clearinghouse, remain in place. Download the brochures below to learn more about these requirements.

Update: Actual Knowledge of DUI Citations

The Clearinghouse second rule includes an update regarding actual knowledge violations. The following question and answer has been added to the Clearinghouse website to summarize this change.

If a CDL driver’s employer is aware that the driver received a traffic citation for driving a CMV while under the influence of alcohol or controlled substances, the employer must report this to the Clearinghouse as actual knowledge of prohibited use of drugs or alcohol. If the citation does not result in a conviction, may the driver petition to have this violation removed from their Clearinghouse record?

Effective November 8, 2021, an actual knowledge violation, based on the issuance of citation for DUI in a CMV, will not be removed from the Clearinghouse when the citation does not result in a conviction.

In the final rule published on October 7, 2021 (86 FR 55718), FMCSA clarified that a driver subject to FMCSA’s drug and alcohol use and testing requirements, who has been issued a traffic citation (or other charging document) for DUI in a CMV, has violated 49 CFR part 382, subpart B. Accordingly, the 2021 final rule amends the regulation to state that a report of actual knowledge of prohibited use of drugs or alcohol, based on the issuance of DUI in a CMV, will remain in the Clearinghouse for 5 years, or until the driver has completed the return-to-duty process, whichever is later, regardless of whether the driver is ultimately convicted of the DUI offense. Drivers who are not convicted of the offense may petition to submit documentary evidence of non-conviction to their Clearinghouse record.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

New federal requirements for CDL applicants coming in February

Applicants must be trained by a registered provider

Beginning Feb. 7, 2022, the Federal Motor Carrier Safety Administration(link is external) (FMCSA) will require new commercial driver license (CDL) applicants and those seeking to upgrade their CDL to receive training from a certified organization on the national registry of Entry-Level Driver Training (ELDT) providers(link is external).

ELDT training includes curriculum in three areas: theory, range and road. To process and issue a CDL, the Arizona Department of Transportation Motor Vehicle Division will need to validate that an applicant has completed these training requirements.

This requirement impacts drivers attempting to:

  • Obtain a Class A or Class B commercial driver’s license (CDL) for the first time.
  • Upgrade an existing Class B CDL to a Class A CDL.
  • Obtain a school bus (S), passenger (P), or hazardous materials (H) endorsement for the first time.

The ELDT regulations are not retroactive and do not apply to individuals holding a valid CDL or an S, P, or H endorsement issued prior to Feb. 7, 2022.

If an organization or business currently trains its drivers and is interested in becoming a certified training provider on the national registry, visit tpr.fmcas.dot.gov(link is external) to learn how to register as a provider.

For more information, visit azdot.gov/CDL.

ADOT MEMO


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

Spring 2021 regulatory agenda: FMCSA seeks to ‘streamline and improve’ database of drivers who fail drug, alcohol tests

First published by Safety+Health an NSC publication.
DOT.jpg

Photo: Jane Terry

 

Washington — A proposal to “streamline and improve error-correction procedures, queries, and consent requirements” within the Federal Motor Carrier Safety Administration’s Drug and Alcohol Clearinghouse is among the anticipated agency actions listed on the Department of Transportation’s regulatory agenda for Spring 2021.

Released June 11, the agenda – issued by the Office of Information and Regulatory Affairs twice a year – provides the status of and projected dates for all potential regulations listed in three stages: pre-rule, proposed rule and final rule. Listings marked “long term” aren’t expected to be worked on for at least six months.

The potential measure to amend clearinghouse protocol is among seven regulations listed in the proposed rule stage, with a notice for proposed rulemaking expected in February.

FMCSA fully implemented the clearinghouse in January 2020, unveiling a national online database intended to enhance road safety by providing – in real time – the names of commercial motor vehicle drivers who have failed drug and alcohol tests.

Federal regulations mandate motor carriers conduct preemployment drug testing in addition to random testing. Employees who test positive are prohibited from performing safety-sensitive functions, which includes operating a CMV.

As of May 1, marijuana was the most common substance found in positive tests for substance misuse among CMV drivers, having been detected in 40,053 of the 75,522 positive tests reported to the clearinghouse since Jan. 6, 2020. Cocaine (10,626) and methamphetamine (6,969) were the next most common substances identified. Multiple substances can appear in positive tests, FMCSA notes.

Among the 12 regulations FMCSA lists in the final rule stage is an item concerning the addition of rear impact guards to the list of components to be examined during mandatory annual inspections of CMVs.

Designed to prevent “underrides,” which occur when a passenger vehicle strikes the rear of a CMV and slides underneath, rear impact guards have been required on CMVs for nearly 70 years, states a notice of proposed rulemaking published in the Dec. 29 Federal Register. However, the guards are excluded from the list of components in Appendix G for required inspections, meaning a CMV can pass an annual inspection with a missing or damaged rear impact guard, according to FMCSA.

The agency also is proposing to amend labeling requirements for the guards “and to exclude road construction controlled (RCC) horizontal discharge trailers from the rear impact guard requirements,” the NPRM states.

“Including rear impact guards and rear end protection in the periodic inspection requirements in Appendix G will call additional attention to this critical safety component and help ensure that each vehicle is checked at least once a year, improving compliance and helping to prevent fatalities and injuries when rear-end collisions occur,” the NPRM states. “Furthermore, including rear impact guards and rear end protection in the periodic annual inspection standards will harmonize U.S. regulations with those in Canada and Mexico, which include rear impact guards and rear end protection as part of their annual inspection programs.”

A final rule is expected to be published in November.


McCraren Compliance can help you understand and comply with FMCSA, DOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.