178,000 CDLs Scheduled For Downgrades For Drug, Alcohol Violations

The Federal Motor Carrier Safety Administration (FMCSA) is taking strict action against commercial drivers who fail to comply with its drug and alcohol regulations. This initiative marks what the FMCSA calls Clearinghouse II, or Phase 2 of the Clearinghouse, originally launched in early 2020.

Starting November 18, 2024, over 178,000 Commercial Driver’s License (CDL) holders classified as “prohibited” in the Federal Motor Carrier Safety Administration’s Drug & Alcohol Clearinghouse will have their license downgraded, resulting in the loss of their commercial driving privileges.

This alarming number underscores a critical challenge in the transportation industry: maintaining safety while ensuring compliance with stringent regulations.

In this blog, we’ll explore what these downgrades mean, the role of the Clearinghouse, the implications for drivers and motor carriers, and how to navigate these changes effectively.

Understanding CDL Downgrades

A CDL downgrade happens when a driver’s commercial driving privileges are revoked and their license suspended. It denies their ability to operate commercial vehicles. Soon, State Driver Licensing Agencies (SDLAs) will be required to enforce this action for drivers listed as “prohibited” in the FMCSA Drug and Alcohol Clearinghouse. This prohibited status indicates failed drug or alcohol violations under federal regulations.

The downgrade remains in effect until the driver completes the Return-to-Duty (RTD) process, which includes counseling from a Substance Abuse Professional (SAP) and passing a follow-up drug and alcohol test. This ensures that only compliant drivers operate commercial vehicles, enhancing road safety.

Why Are These Downgrades Happening?

The FMCSA’s New Drug and Alcohol Clearinghouse Regulations were established to improve road safety by maintaining a centralized database of drivers who have violated drug and alcohol regulations.

When a violation is reported—whether it’s a failed test, refusal to test, or any other non-compliant behavior—it is logged in the Clearinghouse. However, many drivers have failed to address these violations, resulting in their licenses being denied or downgraded. Drivers must resolve these violations by completing the RTD process.

According to Brandon Wiseman, president of Trucksafe Consulting, the absence of a CDL downgrade component in the Clearinghouse has created gaps in enforcement. He explains that, in some cases, a driver may appear eligible to operate a commercial vehicle when you only check their license and not their clearing house status, even though they’re prohibited under their Clearinghouse record.

Under Clearinghouse II, the Federal Motor Carrier Safety Administration (FMCSA) has directed State Driver Licensing Agencies (SDLAs) to take specific actions regarding drivers in a "prohibited" status in the Clearinghouse:

1. Deny issuance, renewal, upgrade, or transfer of Commercial Driver’s Licenses (CDLs) and Commercial Learner’s Permits (CLPs) for drivers with unresolved violations.

2. Drivers who appear “Prohibited” in the Clearinghouse record must have their CDL and CPL downgraded and their commercial driving privileges revoked.

Once the SDLA is notified of a driver’s prohibited status, they must report the downgrade within 60 days. Privileges can only be reinstated once the driver resolves the violation and is no longer in prohibited status.

SDLAs are not required to follow a specific process for reinstating a CDL, so drivers and motor carriers should contact their SDLA to understand how drivers can submit documentation to reclaim their licenses.

Motor Vehicle Records (MVRs) Enhance Driver Monitoring

Motor Vehicle Records (MVRs) now play a critical role in identifying drivers with a "prohibited" status in the Clearinghouse. Previously, only CVSA inspectors could access this information during roadside inspections. Under the new rule, all safety enforcement officers can check a driver’s status during routine stops, preventing prohibited drivers from operating commercial vehicles.

Additionally, motor carriers not subject to Part 382 can use MVRs or continuous monitoring to identify drivers with unresolved violations. This helps ensure compliance and keeps restricted drivers off the road, as MVRs will reflect any CDL downgrades due to violations.

Preparing for Clearinghouse II: What Carriers Need to Know

Although Clearinghouse II introduces no new requirements for motor carriers or independent owner-operators, carriers should ensure they fully utilize the Clearinghouse. Brandon Wiseman advises carriers to query the Clearinghouse for all current CDL drivers to identify any with a prohibited status and remove them from duty immediately.

He also recommends running updated motor vehicle records (MVRs) after Clearinghouse II takes effect to ensure no drivers have had their CDLs downgraded without notice. If gaps in monitoring are found, carriers should address them promptly to prevent non-compliant drivers from operating commercial vehicles.

How Drivers Can Reinstate Their CDL

To renew a Commercial Driver’s License (CDL) after being in a prohibited status due to drug or alcohol violations, drivers must complete the RTD process. This process ensures that the driver is fit to safely operate a commercial vehicle again.

Key Steps In The RTD Process:

• Complete the Substance Abuse Professional (SAP) Program: Drivers must work with a Substance Abuse Professional (SAP) who will assess their situation, recommend counseling or treatment, and provide a path to recovery. The SAP will guide the driver through the necessary steps to return to duty.

• Pass Follow-Up Drug and Alcohol Tests: After completing the SAP program, the driver must pass a Return-to-Duty test to demonstrate their compliance and readiness to resume driving commercial vehicles.
• Stay Informed: Drivers should stay updated on the FMCSA’s drug and alcohol regulations and the Clearinghouse requirements. They should check their status in the Clearinghouse to ensure no unresolved violations or issues could impact their ability to renew their CDL.

• Maintain a Clean Record: To avoid future complications, drivers should refrain from drug and alcohol use while operating commercial vehicles. Staying compliant with all testing requirements and maintaining a clean record will help keep their CDL in good standing.

Once these steps are completed, and the driver has demonstrated full compliance with federal regulations and guidelines, the CDL can be reinstated, allowing the driver to return to work. Regular monitoring and staying informed about regulations are essential to avoid any setbacks in the process.

How Employers Can Maintain Compliance and Ensure Safe Operations

Employers play a crucial role in maintaining compliance with federal regulations and ensuring the safety of their operations.

• Conduct Regular Queries: Employers must perform pre-employment and annual Clearinghouse checks to verify driver eligibility and compliance. Utilizing automated systems can simplify this process and reduce manual errors.
• Offer Training Programs: Effectively implement compliance training programs to educate drivers about the risks and consequences of drug and alcohol violations. Offering support systems for drivers can also help prevent issues.
• Work Closely with SAPs: Partnering with Substance Abuse Professionals ensures that drivers can efficiently complete the Return-to-Duty process, enabling them to resume their roles in compliance with FMCSA regulations.

DQid: Effortlessly Manage Driver Qualification Compliance and Ensure Safe Fleet Operations

Staying compliant with the latest FMCSA regulations can be a challenging task, especially when managing a fleet of commercial drivers. With constantly changing rules and stringent requirements, tracking each driver's compliance status, including their Commercial Driver’s License (CDL) can become challenging. This is where a centralized system like DQid comes into play.

DQid helps trucking companies streamline the process of monitoring driver eligibility by consolidating all essential driver information, including license status and medical certifications, into one easy-to-access platform. This eliminates the need for manual tracking and ensures that every driver is up to date with their regulatory requirements.

By integrating DQid, companies can stay ahead of compliance deadlines, quickly identify potential violations, and ensure that their drivers are eligible to operate commercial vehicles. With real-time updates and notifications, DQid alerts companies to any changes in driver status. This proactive approach helps businesses avoid costly fines and ensures the safety and reliability of their operations.

Conclusion

The scheduled downgrades of 178,000 CDLs serve as a wake-up call for the transportation industry. They underscore the importance of compliance with the FMCSA’s drug and alcohol regulations and the role of the Drug and Alcohol Clearinghouse in promoting safety and accountability.

For drivers, the message is clear: compliance isn’t optional, and unresolved violations can jeopardize your career. For motor carriers, proactive management and support are essential to ensure operational continuity and regulatory compliance.

As the industry navigates these changes, staying informed, leveraging technology, and fostering a culture of accountability will be key to overcoming the challenges and maintaining a safe and efficient transportation network.