On November 18 of this year (2024) the Federal Motor Carrier Safety Administration (FMCSA) is requiring all 50 state driver's license agencies (SDLAs) and motor vehicle bureaus in the U.S. to revoke the commercial driver’s license of any persons who are prohibited from driving a commercial vehicle on the FMCSA Clearinghouse. This is clearly a tightening up of policy in an attempt to get CDL holders as well as those with CLPs (commercial learners permits) into full compliance.
How many individuals could this affect? Over 160,000 individuals are said to be prohibited from driving a commercial vehicle at the present time. If your status is currently "prohibited" you should consider two important things. First, your state may require compliance long before the federal deadline of November 18, 2024. Virginia is one example of a state swiftly reaching compliance by August 12, 2024. Second, even if you currently may not be interested in operating a commercial motor vehicle, you may want to get your status changed on the FMCSA Clearinghouse, simply so that you have the option to operate a commercial vehicle in the future without any delays. If your CDL is revoked and you wish to drive a commercial vehicle later, you will need to start over from the beginning of the commercial licensing process.
Other important consideration about this requirement:
This Does Not Impact All CDL Holders on the Clearinghouse
This ONLY impacts drivers whose account says they are prohibited. There are of course many drivers who have completed their SAP evaluation and taken a return to duty drug and/or alcohol test and are currently going through the 5-year period that follows that return to duty test. These drivers are on the FMCSA Clearinghouse, but these drivers are “not prohibited” from driving a commercial vehicle. This federal and state compliance action only applies to drivers who are marked as “prohibited” from driving a commercial vehicle on the FMCSA clearinghouse.
What Does it Take to be Eligible ("Not Prohibited") to Drive a Commercial Vehicle On the FMCSA Clearinghouse?
Clearing a violation is all about demonstrating that you are capable of being a safe and sober driver. How do you do this? The process starts with an evaluation by a Substance Abuse Professional a qualified SAP. Not all professionals who work in the field of drug and alcohol treatment are SAPs so you will want to make sure you contact the right individual to do your evaluation. Search for a "qualified SAP" and ask them questions to assure they have kept their training current and in compliance with DOT regulations.
Once you have found a qualified SAP you will go through an evaluation process. This means you will need to fill out some written questionnaires followed by an interview with the SAP. At this time you are allowed to do the interview in person or by video, but NOT by phone call without video. The interview allows the SAP to understand how your violation happened, what your use of alcohol or drugs may be like, your key relationships, life stress, and so forth. Ultimately the SAP will determine what level of education, counseling, or treatment may be appropriate to reduce your safety risk and assure that you won’t be impaired when driving a commercial vehicle if and when you return to safety-sensitive duties.
After you complete the recommendations you come back for another meeting with your SAP evaluator to discuss what you have learned and determine if you have made enough progress to go back to work. This means the process is open-ended. There is a beginning date when you do your initial evaluation, but the completion date depends upon when you complete your recommendations. Once you have completed the SAP's recommendations, you must then attend a second meeting with your SAP AND demonstrate that you are at low risk for prohibited substance use. Your SAP should be helpful and easy to reach so you can work out the flexible nature of how to complete the return to duty process.
If you have more questions about how to obtain a SAP assessment you may call us at 800-671-8589 or email info@ndassessments.com to learn more.
