Overview of the FMCSA Rule

The Federal Motor Carrier Safety Administration (FMCSA) has implemented a new rule on downgrading a Commercial Driver’s License (CDL) due to Drug & Alcohol Clearinghouse violations.

This rule mandates state driver licensing agencies (SDLAs) to downgrade the CDLs of drivers prohibited from operating commercial motor vehicles (CMVs) due to a positive drug or alcohol test, refusal to test, or other violations recorded in the Drug & Alcohol Clearinghouse.

Since establishing the Clearinghouse, the FMCSA has been able to access data on all driver violations and recognized the need for more stringent policies following a review.

This ruling has the following objectives:

Ensure Driver Qualification

Making CDLs contingent on a clear record in the Clearinghouse helps the FMCSA ensure that only drivers who meet drug and alcohol safety standards are issued commercial driving licenses.

This can keep unqualified drivers off the road and potentially reduce accidents involving commercial motor vehicles (CMVs).

Promote Road Safety

The loss of commercial driving privileges is a clear consequence that discourages drug and alcohol use among CMV drivers. This promotes responsible behavior and overall road safety.

Key Provisions of the Rule

Before the downgrading of a commercial driver’s license due to drug and alcohol violations can be implemented, the FMCSA will follow a process that includes the following:

1. Identification of Prohibited Drivers: Drivers who violated the drug and alcohol regulations are flagged in the Clearinghouse system.
2. Notification to SDLAs: The FMCSA must immediately notify SDLAs when a driver records a violation in the Drug and Alcohol Clearinghouse.
3. Mandatory Downgrade: SDLAs are required to downgrade the CDL of the driver identified and will be prohibited from operating CMVs until they complete the required return-to-duty process.
4. Return-to-Duty: For drivers to regain their CDL privileges, they must complete the Substance Abuse Professional (SAP) evaluation, treatment, follow-up testing, and updating records such as their medical certification status if needed.

In addition, the drivers’ employers will also be informed of the violation so they can take any necessary action according to their company rules and regulations.

Roles of State Driver Licensing Agencies (SDLAs) and Employers

State Driver Licensing Agencies (SDLAs)

SDLAs are essential in ensuring a CDL holder complies with federal regulations. Their responsibilities include:

• Monitoring Notifications: SDLAs must diligently monitor the FMCSA notifications about a driver’s prohibited status.
• Updating Records: License records must be updated immediately to reflect the downgrade.
• Notifying Drivers: The SDLAs must inform affected drivers about the downgrade and the required steps to reinstate their CDL privileges.

By diligently enforcing the downgrade rule, SDLAs help uphold the integrity of the CDL system and promote road safety.

Employers

Employers of commercial motor vehicle drivers also have obligations under the FMCSA rule, such as:

• Send Clearinghouse Queries: Employers must regularly query the Clearinghouse to ensure that their drivers don’t have any recent violations.
• Take Immediate Action: Once a driver has been flagged, employers must immediately remove the driver from their duties that have safety requirements.
• Support Return-to-Duty: Employers may help drivers complete the return-to-duty process, including providing access to required Substance Abuse Professional services, requiring updated medical variance, and conducting follow-up testing.

Impact on Commercial Drivers

A significant number of commercial drivers have been affected by the new rules.

For drivers with a “prohibited“ status, the most significant impact is the loss of their CDL and being unable to drive commercial vehicles. This can lead to job loss and financial instability.

Aside from this, having a “prohibited” status can negatively impact a driver’s reputation, making it difficult to secure future employment in the industry.

However, keeping prohibited drivers off the road can significantly contribute to a safer roadway and help decrease the risks of accidents.

Steps for Drivers to Regain Their CDL Privileges

Drivers need to undergo a strict return-to-duty process to regain their CDL. This includes the following actions:

1. Substance Abuse Professional Evaluation (SAP): Drivers must undergo an evaluation by a qualified SAP. This professional will assess the driver’s issues with substance abuse and recommend the appropriate treatment or education programs.
2. Complete Treatment Program: Drivers must complete the treatment and/or education program the SAP recommends. This may include rehabilitation, counseling, and educational courses addressing substance use and promoting safe driving behaviors.
3. Follow-Up Testing: After completion, follow-up testing is required to ensure they‘re drug—and alcohol-free. Passing the testing is mandatory, and a driver who fails cannot proceed to the next step.
4. Return-to-Duty Testing: Drivers must also pass the official return-to-duty test. This is overseen by the SAP and confirms if the driver can resume operating commercial vehicles.
5. Updating Records with SDLAs: After passing the return-to-duty test, drivers need to update their records with the SDLAs to reflect their reinstated status, including a medical examiner’s certificate. This administrative step is critical to legally regaining their CDL privileges.

The Drug & Alcohol Clearinghouse

The Drug & Alcohol Clearinghouse is an online database established by the FMCSA.

It’s designed to enhance and promote road safety by collecting and storing real-time information about CDL holders and those with a commercial learner’s permit who have violated federal drug and alcohol regulations.

Some of the data it stores include:

• Positive drug and alcohol test results
• Documented refusal to take a drug or alcohol test
• Violations of FMCSA’s drug and alcohol misuse prevention program requirements
• Completion of a return-to-duty program after a violation

Having this real-time database plays a critical role in the following:

• Ensuring employers don’t hire a driver with unresolved substance abuse issues and operate a commercial vehicle.
• Allows law enforcers to identify prohibited drivers and prevent risks on the road immediately.

Compliance and Enforcement

The FMCSA’ ensures compliance with this CDL downgrade rule through a multi-faceted approach:

1. State Driver Licensing Agencies: The FMSCSA collaborates with these entities, which are responsible for issuing a CDL and a commercial learner permit and downgrading to “prohibited” status.
2. Regular Audits and Inspections: Regular audits and inspections of employers can be conducted to ensure adherence to regulations. This includes reviewing records like the current medical examiner’s certificate and checking the Clearinghouse for compliance.
3. Random Testing: Employers are required to carry out random drug and alcohol testing of CDL drivers that can act as a deterrent to substance misuse.
4. Clearinghouse Queries: Employers are mandated to query the Drug & Alcohol Clearinghouse for each newly hired CDL driver and annually for each existing driver.
5. Information Sharing: Clear and consistent communication channels between SDLAs, employers, and drivers are essential for cross-checking driver records and identifying violations.

Penalties for Non-Compliance
Employers or companies that fail to comply with the FMCSA’s drug and alcohol regulations can result in the following:

• Fines and Civil Penalties: Depending on the severity of the violation, the FMCSA can impose significant fines or civil penalties on employers and drivers.
• Increased Scrutiny: Employers with a history of non-compliance may be subjected to more frequent audits and inspections by the FMCSA.
• Damage to Reputation: A public record of non-compliance can damage a company’s reputation, making it difficult to attract and retain qualified drivers and driving away customers.

Employers and drivers can check the FMSCA website for more information on staying compliant with regulations. Some state Departments of Motor Vehicles (DMVs) may also offer resources tailored to state laws and rules.

Future Implications

Implementing stricter drug and alcohol regulations could impact the trucking industry positively and negatively, such as:

• Increased road safety by removing drivers with alcohol and drug violations.
• Enhanced public trust in the trucking industry thanks to a more stringent screening process.
• Decreased number of available and qualified drivers or higher turnover rate, depending on how many become prohibited.
• Possible increase in costs and administrative tasks for employers given the additional procedures.

Upcoming Deadlines and Important Dates
The FMCSA has set a November 18, 2024, deadline for SDLAs to implement the CDL downgrade rule. Drivers and employers are still advised to check with their state DMV for local timelines.

The Bigger Picture
This new rule on CDL downgrades is part of the FMCSA’s ongoing efforts to improve safety in the trucking industry.

It fits into the bigger picture by:

• Creating a more comprehensive system to identify and address drug and alcohol issues.
• Improving driver qualifications by only allowing qualified and healthy drivers to operate.
• Leveraging technology to improve data sharing and enforcement of rules.

This rule takes a holistic approach to regulatory oversight, collaborating with state and local agencies to create a safer and more professional trucking industry.

Final Thoughts and Key Takeaways

FMCSA’s CDL downgrade rule highlights the importance of road safety and addressing substance abuse issues. SDLAs and employers play a big role in ensuring the information is updated in real-time and implementing the downgrade.

Drivers tagged as prohibited need to work with their employers to address their alcohol or drug use and regain their CDL privileges.

Compliance with the FMCSA’s drug and alcohol regulations is not only a legal requirement but also an important step in ensuring road safety and maintaining public trust in the trucking industry.

Employers and drivers need to stay informed and adhere to these guidelines meticulously.

Drivers facing substance use challenges should proactively seek assistance and complete the return-to-duty programs. Meanwhile, employers are encouraged to foster a supportive environment and give the drivers the help they need to maintain a safe and professional workforce.

We can create a safer, more responsible trucking industry by working together.