The latest data from the Federal Motor Carrier Safety Administration (FMCSA) reveals that over 178,000 holders of commercial driver’s licenses (CDL) and commercial learner’s permits (CLP) have a “prohibited” status in the agency’s Drug and Alcohol Clearinghouse. This status is assigned to drivers who have tested positive for drugs or alcohol, refused a test, or failed to complete the required return-to-duty (RTD) process after a drug or alcohol violation. Drivers with this designation are barred from operating commercial motor vehicles (CMVs). However, beginning November 18, 2024, the Drug and Alcohol Clearinghouse-II final rule will add safeguards to prevent these drivers from getting behind the wheel.

Key Enhancements in Clearinghouse-II
Clearinghouse-II expands FMCSA’s original 2020 Clearinghouse regulation, which established an online database to track drug and alcohol violations among commercial drivers, allowing employers, state agencies, and law enforcement to verify driver compliance with drug and alcohol regulations in real time. Clearinghouse-II does not change existing compliance requirements for motor carriers. However, the new rule mandates that State Driver Licensing Agencies (SDLAs) remove the commercial driving privileges from the driver’s licenses of individuals listed with a “prohibited” status in the Clearinghouse. This action will result in a downgrade of the CDL or CLP until the driver complies with RTD requirements. Some states have proactively started downgrading licenses for drivers flagged as “prohibited.” The Clearinghouse-II rule aligns with FMCSA’s objective of enhancing road safety by ensuring that only qualified individuals hold and maintain commercial driving permits or licenses, thereby reducing the frequency and impact of CMV-related accidents.

Of the 178,839 CDL / CLP holders with “prohibited” status as of October 1, 2024, only 25,247 are eligible for RTD testing, while more than 136,000 drivers have not started the RTD process.

Motor carriers are required to comply with the RTD process to ensure that drivers who violate drug and alcohol regulations are properly evaluated and rehabilitated before returning to safety-sensitive duties, including operating a CMV. Prohibited drivers who change employers must still complete the RTD process before regaining their commercial driving eligibility.

Preparing for FMCSA Clearinghouse-II
Clearinghouse users are notified when there is a change to a driver’s Clearinghouse record, so employers following regulations and who have kept up with email notifications should already be aware of any company drivers in “prohibited” status.

However, to avoid any surprises under the new rule, employers should consider running a limited query on all current drivers prior to November 18 to identify any unresolved drug or alcohol violations. If the limited query reveals information in the Clearinghouse for a specific driver, the employer must perform a full query for details on the violation. Any driver with a “prohibited” status must be removed from safety-sensitive duties until they complete the RTD process.  

Additionally, employers should confirm that all drivers are enrolled in a drug and alcohol testing program, covering pre-employment, random, post-accident, reasonable suspicion, and RTD/follow-up testing in accordance with Department of Transportation regulations. Laws also require that records of all tests conducted—including positive results, refusals, and follow-up actions taken—Clearinghouse queries, driver consents and related documentation are accurate and up-to date.

Employers are also encouraged to educate drivers about the Clearinghouse-II rules, the importance of a clean Clearinghouse record, and the repercussions of non-compliance, including CDL suspension by SDLAs. 

More Information
The FMCSA has developed a Return-to-Duty Quick Reference Guide to help drivers with a “prohibited” Clearinghouse status understand the steps needed to regain a “not prohibited” status. For a comprehensive overview of the RTD process, visit the Clearinghouse Learning Center or frequently asked questions. Check out our “Drug & Alcohol Clearinghouse” page for a quick overview of FMCSA’s original 2020 Clearinghouse regulation.