FMCSA’s Automatic CDL Downgrade Rule for Drug and Alcohol Violations Takes Effect

On November 18, 2024, a new Federal Motor Carrier Safety Administration (FMCSA) regulation, known as the Clearinghouse-II rule, came into effect nationwide. This rule mandates that State Driver Licensing Agencies (SDLAs) automatically downgrade the Commercial Driver’s License (CDL) or Commercial Learner’s Permit (CLP) of drivers listed in the FMCSA’s Drug and Alcohol Clearinghouse due to violations.

Drivers with a downgraded CDL or CLP are prohibited from operating commercial vehicles until they successfully complete the return-to-duty (RTD) process. The FMCSA implemented this measure to enhance highway safety by ensuring that only qualified drivers are permitted to drive commercial vehicles on U.S. roads.

As of October 1, 2024, the FMCSA reported that 178,839 CDL/CLP holders are classified as “Prohibited” in the Clearinghouse, with 136,224 of them yet to begin the RTD process.

Initially introduced in October 2021, the Clearinghouse-II rule strengthens previous regulations by tightening SDLAs’ enforcement of the Drug and Alcohol Clearinghouse requirements.

“As established in the first Clearinghouse Final Rule, drivers with a “prohibited” Clearinghouse status are prohibited from operating a commercial motor vehicle (CMV) on public roads. 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 FMCSA states.

The FMCSA’s initial Drug & Alcohol Clearinghouse Final Rule took effect on January 6, 2020. This rule requires motor carriers to check an online database for drug and alcohol violations of CDL holders before hiring them and to conduct annual checks for current drivers.

The Clearinghouse provides real-time access to a driver’s drug and alcohol violation history, including positive test results and test refusals. Employers, the FMCSA, law enforcement, and State Driver Licensing Agencies all have full access to this information.

If you think a license downgrade may apply to you, review the steps below to check your Clearinghouse status and complete the return-to-duty (RTD) process.