Tag: #drugandalcoholclearinghouse

Clearinghouse-II and CDL Downgrades

Posted on by McCraren Compliance
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

New driver resource on the return-to-duty process

Posted on by McCraren Compliance

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

Posted on by McCraren Compliance

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.

FMCSA gives states 60 days to downgrade licenses of CMV drivers with drug, alcohol violations

Posted on by McCraren Compliance

First published by Safety+Health an NSC publication

Washington — State driver’s licensing agencies will have 60 days to initiate mandatory downgrades of commercial driver’s licenses and commercial learner’s permits once notified that a commercial motor vehicle operator has failed a drug or alcohol test, under a Federal Motor Carrier Safety Administration final rule set to go into effect Nov. 8.

FMCSA contends that the rule plugs both a “knowledge gap” and “loophole” in present regulations, which prohibit SDLAs from issuing, renewing, upgrading and transferring CDLs or CLPs for drivers who test positive for drugs or alcohol until those drivers complete FMCSA’s return-to-duty process.

“Currently, most SDLAs do not receive drug and alcohol program violation information about CDL or CLP holders licensed in their state,” the rule states. “Therefore, these SDLAs are unaware when a CMV operator is subject to the driving prohibition … and the CMV operator continues to hold a valid CDL or CLP despite the driving prohibition.”

SDLAs are required to consult FMCSA’s online Drug and Alcohol Clearinghouse, which provides real-time national data on CMV drivers who have failed drug and alcohol tests, before issuing or renewing licenses. They will have until Nov. 18, 2024, to comply with the new rule.

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.

Register Now for the Clearinghouse and Be Ready for January 6

Posted on by McCraren Compliance

Purchase Query PlanThe FMCSA CDL Drug and Alcohol Clearinghouse will be fully operational on January 6, 2020. Starting on this date, employers, including owner-operators, will need to be registered to:

  • Conduct queries to access a driver’s Clearinghouse record, after obtaining the driver’s consent. Beginning January 6, you will be required to conduct a full query in the Clearinghouse before hiring any CDL driver.
  • Designate a consortium/third-party administrator (C/TPA), if you work with one, which enables your C/TPA to access the Clearinghouse on your behalf. This is a requirement of all owner-operators.
  • Purchase a query plan, which must be in place before you, or your designated C/TPA, can conduct queries.
  • Report violations of FMCSA’s drug and alcohol testing program.

You can prepare for January 6 by registering for the Clearinghouse today. (If you have an FMCSA Portal account, ensure you have the correct Portal user role in place.)

FMCSA Updates SMS Website

FMCSA has updated the CSA SMS Website with the November 29, 2019 results.

Complete SMS results are available to enforcement users and motor carriers that are logged into the SMS. Logged-in enforcement users can view all carrier safety data, while logged-in motor carriers can only view their own data. If you are a motor carrier and do not have login credentials, please click here for more information on how to obtain your PIN.