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CDL Drug and Alcohol Clearinghouse downgrades

Unresolved violations of 49 CFR Part 382 reported to Drug and Alcohol Clearinghouse will be accessed by state driver’s licensing agencies (SDLAs) to downgrade commercial driver’s licenses (CDLs) and commercial learner’s permits (CLPs) until the SDLA receives documentation that the driver has completed the return-to-duty process.

Scope

Drivers who operated commercial motor vehicles (CMVs) requiring a CDL are subject to 49 CFR Parts 382 (drug and alcohol use and testing) and 383 (CDL licensing) of the Federal Motor Carrier Safety Regulations (FMCSRs).

Regulatory citations

49 CFR Part 382, Subpart E — Consequences for drivers engaging in substance use-related conduct
49 CFR 382.503 — Required evaluation and testing, reinstatement of commercial driving privilege
49 CFR 382.725 — Access by State licensing authorities
49 CFR 383.73 — State procedures
49 CFR 384.225 — CDLIS driver recordkeeping
49 CFR 392.15 — Prohibited driving status

Key definitions

CDL downgrade: A state removes the CLP or CDL privilege from the driver’s license.
CDL driver: A person holding a CDL or a person required to hold a CDL.
Commercial Driver’s License Drug and Alcohol Clearinghouse (Clearinghouse): The Federal Motor Carrier Safety Administration (FMCSA) database that requires employers and service agents to report information, including violations under Part 382 and milestones in the return-to-duty and follow-up programs. Employers are required to query the Clearinghouse to learn of unresolved testing violations under Part 382 and outstanding steps in the return-to-duty process and follow-up testing.

Summary of the requirements

By applying for CDL, a driver is deemed to have consented to the release of the Clearinghouse information to the SDLA.

The Federal Motor Carrier Safety Administration (FMCSA) requires SDLAs 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 (prohibited status) in the 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.

The requirement to downgrade CDLs and CLPs goes into effect on November 8, 2021, and SDLAs are required to comply no later than November 18, 2024.