Drivers of commercial motor vehicles regulated by the Federal Motor Vehicle Safety Administration (FMCSA)need to be aware of potential problems with their CDL License when placed in a “prohibited” Clearinghouse status. This occurs when there is prohibited use of drugs or alcohol or refusal to test for drugs or alcohol.
FMCSA has a goal of ensuring that only qualified drivers are eligible to receive and retain a CDL, thereby reducing the number and severity of CMV crashes. As of November 18, 2024, State Driver Licensing Agencies (SDLAs) are required to eliminate the commercial driving privileges from the driver’s license of a person who is prohibited from operating a CMV. Consequently, the license will be downgraded until the driver successfully finishes the return-to-duty (RTD) procedure. Some SDLA’s have already integrated with the FMCSA Clearinghouse and have started this process.
It is important to reemphasize that beginning November 18, 2024, having a “prohibited” Clearinghouse status will surely result in losing or being denied a CDL or CLP. Many SDLA’s are doing this currently.
For drivers to have their Clearinghouse status changed from “prohibited” to “not prohibited,” the driver must complete the return-to-duty (RTD) process. This includes a program with a Substance Abuse Professional (SAP) and a return to duty DOT drug test. For owner operators FMCSA Clearinghouse Services can provide driver assistance to help with this process and get the driver back on the road. Check out online driver assistance or call (877) 345-2425.
Drivers employed by a company must work with the company to complete the return-to-duty (RTD) process also including the program with a Substance Abuse Professional (SAP) and a return to duty DOT drug test. FMCSA Clearinghouse Services can also assist employers with their Clearinghouse responsibilities and getting drivers back on the road when their CDL license has been downgraded.
For all drivers with CDL license operating commercial motor vehicles the only way to get your license back upgraded to CDL will be to get your Clearinghouse status changed from “prohibited” to “not prohibited,” by completing the return-to-duty (RTD) process, as established by 49 CFR part 40, subpart O.
Once the driver is back to an eligible status (no longer prohibited) the process for the CDL license is as follows:
- SDLA should reinstate the commercial driving privilege to a driver’s license following notification from FMCSA that the driver is no longer prohibited from operating a CMV, if reinstatement is permitted by State law.
- SDLA should reinstate the commercial driving privilege to a driver’s license as expeditiously as possible following notification from FMCSA that the driver was erroneously identified as prohibited from operating a CMV.
- SDLA should expunge the CDLIS driver record (and if applicable the motor vehicle record) of any reference to the driver’s prohibited status, should FMCSA notify the State that a driver was erroneously placed in a prohibited status, thereby restoring the record as it existed before the erroneous notification.
It is recommended that once a driver verifies they are no longer prohibited in the Clearinghouse, they check with the SDLA to make sure their CDL license has been reinstated.
Learn more about “How do I get a Clearinghouse Violation Cleared Up?”
Check out are the steps to the required return to duty process?
