Clearinghouse-II Status and CDL Downgrades

Clearinghouse-II Status and CDL Downgrades

By ASAP Staff

The FMCSA Clearinghouse rule, implemented by the Federal Motor Carrier Safety Administration (FMCSA), was established to improve road safety by providing a centralized database for the collection and monitoring of drug and alcohol testing data for commercial motor vehicle (CMV) drivers. The rule, which became effective on January 6, 2020, requires employers, substance abuse professionals (SAPs), and others to report certain drug and alcohol violations; and to query the clearinghouse before hiring or transferring commercial motor vehicle (CMV) drivers.

The FMCSA rules regarding the Clearinghouse-II were finalized November 18, 2024, and add an additional layer of protection to track CMV drivers who are prohibited from operating due to a drug and/or alcohol violation(s). The new rule now requires state drivers licensing agencies (SDLAs) to query the Clearinghouse prior to issuing, renewing, upgrading, or transferring a drivers commercial driver’s license (CDL), or commercial learner’s permit (CLP).

Upon receipt of notification that a driver is prohibited from operating a CMV due to a drug and/or alcohol program violation, will initiate the downgrade process to remove the CDL or CLP from the driver’s license within 60 days.  Drivers completing the Return-to-Duty process before the downgrade process is completed would no longer be prohibited from operating a CMV nor be subject to a downgrade.

The SDLA will provide written notification to the driver of the CDL or CLP downgrade and inform the driver they are prohibited from operating a CMV. Drivers will be put in a prohibited driver status in the Clearinghouse database. To resolve the prohibited status the driver must successfully complete the Return-to-Duty process with a qualified substance abuse professional (SAP). A violation stays a violation until the full Return-to-Duty process is completed. No time lapse even 5 years can void a violation. The Return-to-Duty process is established by 49 CFR Part 40, subpart O of the Department of Transportation  (DOT) regulations and involves several key steps:

1. Select a DOT qualified Substance Abuse Professional (SAP)

• • The employer is required to provide drivers with a list of DOT-qualified SAPs, in order to select a SAP. -The SAP will provide an initial evaluation and provide a recommended education/treatment plan.
  • Meet with the SAP for a follow-up evaluation to determine compliance with the education/treatment plan.

2. Take a Return-to-Duty Test

• • When successful completion of the SAP portion of the Return-to-Duty process, the employer or future employer will request and schedule the return-to-duty test, which supersedes a pre-employment test.  Owner operators will have their designated consortium/third-party administrators (C/TPA) request a return-to-duty test, which will be an observed test.

3. Clearinghouse Status Update

• • Your prohibited status will be updated to not prohibited in the Clearinghouse by your employer or C/TPA when the negative return-to-duty test in entered.

4. Follow-up Testing

• • To remain in a “not prohibited” status, your employer must complete the follow-up testing plan as determined by the SAP which is never to be disclosed to the employee. Employees are subject to unannounced and observed follow-up testing for a minimum of 6 times in 1 year or up to 5 years according to the plan determined by the SAP and provided to the DER. Information about drug and alcohol testing violations is retained in the Clearinghouse for five (5) years from the successful completion of the follow-up testing plan.

American Substance Abuse Professionals, Inc. (ASAP) is a team of SAPs who are experts in the return-to-duty (RTD) process. Contact us today to help drivers move from ‘prohibited’ to ‘not prohibited’ and get back out on the road safely.