How to Prepare for the FMCSA Clearinghouse Downgrade
What is going to happen with the November 18th 2024 FMCSA Clearinghouse downgrade?
Many people in the trucking industry that have experienced a drug or alcohol testing violation have concerns around the CDL downgrade that occurs on November 18th 2024. This video addresses the issue, what it actually means, and who is actually affected.
First let us see how FMCSA has the information provided at the clearinghouse website. I will provide additional info along the way to help clarify.
As established in the first Clearinghouse final rule (81 FR 87686), drivers with a “prohibited” Clearinghouse status are prohibited from operating a commercial motor vehicle (CMV). The second Clearinghouse final rule (Clearinghouse-II) further supports this by ensuring that drivers with a “prohibited” Clearinghouse status do not continue to hold a commercial driver’s license (CDL) or commercial learner’s permit (CLP).
Which Commercial Drivers Does the Downgrade Apply To?
This only applies to commercial license or commercial permit holders that have failed or refused a drug test or alcohol test and have not completed the return to duty process. For drivers that have completed the SAP program, they would need to have completed the return to duty drug test and be on step 5 or 6 in their FMCSA clearinghouse record. If they are on steps 1 though 4 they are subject to the downgrade. See diagram below:
Which Commercial Drivers Does the Downgrade Not Apply To?
Any commercial driver that has no drug or alcohol testing violations.
Any commercial driver with a testing violation that has completed the SAP program and has their return to duty drug test updated in the FMCSA Clearinghouse.
NOTE: ANY GREEN LIGHT, NO VIOLATIONS, OR NO-LONGER PROHIBITED STATUS IN THE FMCSA CLEARINGHOUSE WILL NOT BE SUBJECT TO THE CDL DOWNGRADE.
See the following diagram:
FMCSA Information
The Clearinghouse-II final rule (86 FR 55718) requires that, beginning November 18, 2024, State Driver Licensing Agencies (SDLAs) must remove the commercial driving privileges from the driver’s license of an individual subject to the CMV driving prohibition. This would result in a downgrade of the license until the driver completes the return-to-duty (RTD) process.
This means that, beginning November 18, 2024, having a “prohibited” Clearinghouse status will result in losing or being denied a CDL or CLP.
Note: State Driver Licensing Agencies with legislative authority currently have the option to voluntarily query the Clearinghouse and downgrade CDLs for prohibited drivers and may do so before the November 18, 2024 compliance date.
So what does this actually mean?
This means that per federal regulation each state driver’s licensing entity has a deadline of November 18th 2024 to be in compliance with this downgrade action. Many of the states have already started this process and are sending out letters to drivers. The best way for you to determine where you stand with your state’s licensing agency is to contact them directly. If you know you have a violation and need to get it resolved, we are here to help. Feel free to contact us to get started with the return to duty process.
FMCSA Clearinghouse Downgrade FAQ’s
What will happen if I have already been downgraded, or will be unable to complete the process in time? Will I be permanently disqualified? Is my commercial driving career over?
The answer is absolutely not!
You will still need to complete the SAP program and the return to duty process to become eligible to return to safety sensitive duty. The only difference is that you will need to do what is required by your state licensing agency to reinstate your commercial status after being downgraded. Requirements may vary from state to state. Some may only require a reinstatement fee, and others may have additional requirements. The best thing you can do is find out what the requirements are directly from your state’s licensing agency.
If you have been considering taking the necessary steps to complete the return to duty process, contact us. We are here to answer your questions and help you with this process. In many of the cases we work with, we can assist drivers with the return to duty process in a short amount of time. Contact us today