• SDLAs have access to the Clearinghouse and will use the information to disqualify a driver from holding a CDL or CLP.
• Roadside inspection personnel can see a prohibited status in the Clearinghouse to place a driver out of service.
• Traffic enforcement will be able to see a downgraded license on the driving record that is the result of an unresolved violation in the Clearinghouse.

The FMCSA requires state driver’s licensing agencies (SDLAs) to access the Clearinghouse data to deny commercial driver’s license (CDL) and commercial learner’s permit (CLP) issuance, renewal, upgrade, or transfer for any driver that has an unresolved violation in the Drug and Alcohol Clearinghouse. Additionally, existing CDL and CLP holders will have their licenses downgraded while they are in prohibited status in the Clearinghouse. Drivers can have their prohibited status removed by completing the return-to-duty process, which includes being evaluated by a substance abuse professional, completing required education and/or treatment, and having a negative return-to-duty drug and/or alcohol test.

Previously, it was up to employers to ensure that drivers with drug or alcohol violations weren’t driving CDL CMVs, but FMCSA has found through their auditing and investigation processes that some employers were choosing to ignore violations and allow prohibited drivers to continue driving. States are required to comply by November 18, 2024.

Access by roadside enforcement

Traffic enforcement and roadside inspectors, although accessing information in different ways, have the same objective — to remove drivers with an unresolved violation under Part 382 from operating a commercial motor vehicle.

State-based MCSAP (Motor Carrier Safety Assistance Program) enforcement personnel have electronic access to a CDL or CLP driver’s Clearinghouse status during a roadside intervention. A driver found to be in a prohibited status is placed out of service.

A non-MCSAP traffic enforcement officer will be able see whether the driver can lawfully operate a commercial motor vehicle due to a downgraded CDL or CLP on the driver’s motor vehicle record. The downgrade would be the result of an unresolved testing violation. This information will be available to traffic enforcement once a driver’s SDLA has processes in place for the downgrade. This downgrading process must be in place no later than November 18, 2024.