FMCSA’s New Clearinghouse Rule: Driver’s License Downgrade and Return-to-Duty Process
By Steve Setliff, Setliff Law
On November 18, 2024, the Federal Motor Carrier Safety Administration (FMCSA) implemented a new Clearinghouse rule that affects commercial drivers found in violation of drug and alcohol regulations. When a driver’s status in the Drug and Alcohol Clearinghouse is marked “prohibited,” States must downgrade that driver’s commercial driver’s license (CDL) or commercial learner’s permit (CLP). The downgrade remains in place until the driver completes the return-to-duty (RTD) process.
Key Provisions
States must check the FMCSA Clearinghouse before issuing, renewing, transferring, or upgrading any CDL or CLP, including non-domiciled credentials. If a driver is listed as “prohibited,” the State must downgrade the CDL or CLP until the RTD process is complete.
The Return-to-Duty (RTD) Process
The RTD process is governed by 49 CFR Part 40, Subpart O. It is designed to confirm that drivers who violated drug and alcohol rules meet specific requirements before returning to safety-sensitive duties.
- SAP evaluation. The employer provides a list of DOT-qualified Substance Abuse Professionals (SAPs). The driver selects an SAP, who evaluates the driver and recommends education and/or treatment.
- Education and treatment. The driver completes the SAP-directed program. The SAP then conducts a follow-up evaluation to confirm participation and compliance.
- Follow-up evaluation and testing. The SAP verifies compliance and requires a negative drug and/or alcohol test. The SAP reports to the employer, who decides on reinstatement.
- RTD testing and plan. If reinstated, the driver must pass an RTD drug and/or alcohol test. The SAP creates a written follow-up testing plan that includes at least six unannounced tests within the first 12 months after returning to duty.
- Clearinghouse update. After a negative RTD test, the employer updates the Clearinghouse. The driver’s status changes from “prohibited” to “not prohibited,” allowing a return to safety-sensitive functions, subject to the follow-up testing plan.
Impact on States and Employers
The rule requires States to verify Clearinghouse status before issuing or changing CDL/CLP credentials and to downgrade licenses when a driver is “prohibited.” Employers must manage RTD steps carefully, ensure drivers meet all testing and evaluation requirements, and keep Clearinghouse records current. The goal is to enhance public safety by ensuring only qualified drivers perform safety-sensitive work.
Questions
Contact Eliza Mergenmeier at emergenmeier@setlifflaw.com or (804) 377-1268, or Steve Setliff at ssetliff@setlifflaw.com or (804) 377-1261.