How FMCSA’s Clearinghouse-II will affect carriers and drivers

The Federal Motor Carrier Safety Administration’s Drug and Alcohol Clearinghouse is entering its next phase on Nov. 18.

After the November compliance date for the Clearinghouse-II final rule, state driver licensing agencies will remove commercial driver’s license (and commercial learner’s permit) privileges from any commercial drivers with a "prohibited" status in the Clearinghouse. If prohibited drivers complete their return-to-duty process, SDLAs will restore their privileges.

The change does not affect carrier compliance but better coordinates state and federal law enforcement.

“If you were doing what you should have been doing before, it will have minimum effect simply because you’re not allowed to use a driver who is ineligible to drive for purposes of the Clearinghouse,” Rick Schweitzer, legal counsel for the National Private Truck Council, told FleetOwner. “But it will give you some additional notice.”

What Clearinghouse II does

Background on the Drug and Alcohol Clearinghouse

The Drug and Alcohol Clearinghouse first came from the Moving Ahead for Progress in the 21st Century Act, a 2012 funding bill for federal transportation spending. The legislation required FMCSA to establish a database for drivers’ drug and alcohol violation records and return-to-duty information.

FMCSA published the Clearinghouse final rule in December 2016 and first implemented the Clearinghouse in January 2020.

As of its August 2024 report, Clearinghouse has registered roughly 480,000 employers, 230,000 owner-operators, and 5 million drivers. Since 2020, it has reported about 293,000 drug and alcohol violations.

When a driver fails or refuses a drug test, Clearinghouse records that they are prohibited from operating a CMV until they complete a return-to-duty process. The process includes passing an evaluation from a substance abuse professional and passing a return-to-duty drug test. Drivers that recover from prohibited status can return to their safety-sensitive functions—but face six additional surprise follow-up tests within the next 12 months.

FMCSA already prohibits drivers with violations from operating a commercial motor vehicle. The Clearinghouse-II final rule expands the penalty of drug and alcohol violations by requiring states to revoke CDLs from drivers with outstanding violations.

“It is the next phase of making sure that drivers with drug and alcohol violations don’t operate a commercial motor vehicle,” Schweitzer explained.

The new rule has four major provisions. Simplified, these provisions posit that:

SDLAs must deny CDL transactions for prohibited drivers
SDLAs must remove CDL privileges from a driver’s license after receiving a violation notification from FMCSA
SDLAs need to treat Commercial Learner’s Permit privileges in a similar manner to CDL privileges, as it concerns Clearinghouse violations
States receiving MCSAP funding (all 50 states in 2023) must adopt Clearinghouse’s prohibitions

“Up until now, if a driver had a violation, it was recorded in the Clearinghouse, and the driver was not eligible to drive a CMV,” Schweitzer said. “This rule, starting Nov. 18, is going to require the states to take action against the drivers’ CDL as well. Not only will the driver be deemed ineligible as far as the Clearinghouse goes, but also will not have a commercial driver’s license.”

SDLAs previously were not always aware when a driver was prohibited from operating a CMV. By adding these new requirements, traffic safety enforcement officers can more easily identify prohibited drivers through a simple license check.

How it affects carriers

Fleets following regulations already know to keep drivers who fail a drug test away from the wheel. Carriers or drivers that try to drive with a prohibited status will now be easier for state law enforcement to identify. Clearinghouse violations can cost an employer as much as $5,833.

Clearinghouse’s August 2024 report finds that about 177,000 CDL/CLP holders still have a prohibited status for a violation. Only 25,000 of those drivers are eligible for return-to-duty testing (the final stage before getting back behind the wheel), and over 134,000 drivers have not even started the return-to-duty process.

“It’s those drivers who are going to have some action taken against their CDLs,” Schweitzer said.

Those 177,000 prohibited drivers could soon lose their CDL privileges under any state.

“Presumably, it will further reduce the labor pool—or at least require drivers to take additional steps to become eligible to drive a CMV again if they choose,” Schweitzer said. “You’re going to have to get your CDL reinstated, and then you’re also going to have to complete the return-to-duty process for purposes of the drug or alcohol violation.”

If a driver fails or refuses a drug test for Clearinghouse, their prohibited status will enter the Clearinghouse database. SDLAs will automatically receive this information and will take action to remove the driver’s CDL privileges.