CDL drivers face new violation rule for substance abuse violations starting November

OKLAHOMA CITY (KFOR) - Oklahoma CDL drivers with reported drug or alcohol violations will now face an automatic license downgrade under a new Federal Motor Carrier Safety Administration rule (FMCSA).

According to FMCSA, the automatic drug rule is in effect starting November 18, 2024. If you have a “prohibited” status in the FMCSA CDL Drug and Alcohol Clearinghouse, CDL holders will lose your commercial driving privileges.

Under the new rule, commercial vehicle drivers with violations in the FMCSA’s Drug and Alcohol Clearinghouse will have their Commercial Driver’s License (CDL) or Commercial Learner’s Permit (CLP) downgraded by State Driver Licensing Agencies (SDLAs) as part of the Clearinghouse-II rule.

FMCSA says, drivers will be prohibited from operating a commercial motor vehicle until the return-to-duty (RTD) process is completed.

According to a recent FMCSA reporting shows, 178,839 CDL/CLP holders are listed in “Prohibited” Status in the Clearinghouse as of October 1, 2024. Of these, 136,224 have not yet begun the RTD process.

How Do I Check My Clearinghouse Status?

• Drivers may check their own status in the FMCSA’s Drug & Alcohol Clearinghouse to see if they are listed as “Prohibited” at no cost. The link to register or log in with a Login.gov account is here.
• If you do not have a Login.gov account, you can click here to view an FMCSA guide on how to create one.

What Is The Return-To-Duty Process?

• For the drivers facing a downgrade, the RTD process must be completed in order to achieve the “Not-Prohibited Status” that will allow SLDA’s to reinstate commercial driving privileges.
• See below for a guide from the FMCSA on the steps needed to complete the RTD process.

Select a Substance Abuse Professional

• Your employer is required to provide you with a list of DOT-qualified Substance Abuse Professionals (SAPs). You select your SAP based on your own research.
• Your designated SAP will evaluate you and provide recommendations for education/treatment.
• Your SAP will determine if you have successfully completed the education/treatment, therefore making you eligible for your return-to-duty test.

Take the return-to-duty test

• You must be sent by your employer; only DOT-regulated employers, and not the employee, request the return-to- duty test. If you are an owner-operator, your designated consortium/third-party administrator (C/TPA) must send you for this test.
• Once your Clearinghouse status is “not prohibited,” you are eligible to resume performing safety- sensitive functions.
• Your status will be updated when your employer enters your negative return-to-duty test result in the Clearinghouse.
• To remain in a “not prohibited” status, your employer must complete the follow-up testing plan with you as specified by the SAP, which must include a minimum of six unannounced follow-up tests in the first 12 months of returning to performing safety-sensitive functions. If you are an owner-operator, your designated C/TPA must complete your follow-up testing plan.
• Information about your drug and alcohol program violation is retained in the Clearinghouse for five years from the date of the violation determination or until the successful completion of the follow-up testing plan, whichever is later.

To check your Clearinghouse record and, if needed, start the return-to-duty process, click here for more information.