New Rule Will Remove Commercial Vehicle Driving Privileges of Licenses in Prohibited Status

Beginning Nov. 18, 2024, commercial driver license (CDL) and commercial learner’s permit (CLP) holders whose status is listed as prohibited in the Federal Motor Carrier Safety Administration (FMCSA) drug and alcohol Clearinghouse will have their driving privileges removed.* Drivers must complete the return-to-duty process to have their privileges reinstated.

FMCSA Clearinghouse Employer Obligations

The FMCSA Clearinghouse is a secure online database that provides employers, Federal Motor Carrier Safety Administration (FMCSA), state driver licensing agencies, and state law enforcement personnel with real-time information about CDL and CLP holders’ drug and alcohol program violations.

The first Clearinghouse rule, which went into effect Jan. 6, 2020, requires employers to:

• Query the Clearinghouse for current and prospective employees' drug and alcohol violations before permitting those employees to operate a CMV on public roads.
• Annually query the Clearinghouse for each driver they currently employ.

The FMCSA website offers more information about the FMCSA Clearinghouse as well as CDL and CLP downgrades.

Watch for Potential Early Enforcement

*State driver licensing agencies with legislative authority currently have the option to voluntarily query the FMCSA Clearinghouse and downgrade CDLs for prohibited drivers before the Nov. 18, 2024, compliance date. We are waiting to hear whether the Texas Department of Public Safety has the necessary authority and plans to enforce the rule early. We will update our members as necessary.