On October 7, 2021, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule establishing requirements for SDLA’s access to and use of driver-specific drug and alcohol program violation information contained in the Drug and Alcohol Clearinghouse (86 FR 55718).
This final rule requires that:
SDLAs must not issue, renew, upgrade, or transfer a commercial driver's license (CDL), or commercial learner's permit (CLP), as applicable, for any individual prohibited under FMCSA's regulations from performing safety-sensitive functions, including driving a commercial motor vehicle (CMV), due to one or more drug and alcohol program violations. • SDLAs must, upon receipt of notification that a driver is prohibited from operating a CMV due to a drug and alcohol program violation, initiate the downgrade process to remove the CLP or CDL privilege from the driver's license within 60 days.
Drivers completing the return-to-duty process before the downgrade process is completed would no longer be prohibited from operating a CMV and thus would no longer be subject to a downgrade.
SDLAs have until November 18, 2024 (compliance date) to comply with these requirements. In addition, FMCSA extends the compliance date for the requirement that SDLAs query the Clearinghouse prior to issuing, renewing, upgrading, or transferring a CDL from January 6, 2023 to November 18, 2024. SDLAs currently have the option to voluntarily query the Clearinghouse and may do so up until the compliance date

Yes. Once a driver has registered in the Clearinghouse, he or she will be able to access his or her Clearinghouse record electronically, at no cost. This record would include any drug and alcohol program violation information available in the Clearinghouse, along with the status of their return-to-duty (RTD) process, if applicable.

Last Updated: January 08, 2020

An individual with an employer or consortium/third-party administrator (C/TPA) who can manage users on behalf of their company. Credentialed medical review officers (MROs) and substance abuse professionals (SAPs) are also considered Clearinghouse Administrators and can invite Clearinghouse Assistants.

Last Updated: October 30, 2019

Authorized users include:
CDL drivers • Employers – this includes motor carriers and other employers of drivers operating commercial motor vehicles (CMVs) that require a commercial driver’s license (CDL) or commercial learner’s permit (CLP) • Consortia/third-party administrators (C/TPAs) • Medical review officers (MROs) • Substance abuse professionals (SAPs) • Enforcement personnel

Last Updated: September 30, 2019

No, the final rule does not change any existing requirements in the U.S. Department of Transportation (DOT)-wide procedures for transportation workplace drug and alcohol testing.

Last Updated: July 22, 2019

No. The Clearinghouse contains only violations that occurred on or after January 6, 2020. If a driver’s violation occurred prior to January 6, 2020, and was in the return-to-duty (RTD) process when the Clearinghouse was implemented, the violation and any related RTD activity will not be entered into the Clearinghouse.

Last Updated: January 08, 2020

The Clearinghouse is a centralized database that employers use to report drug and alcohol program violations and to conduct queries, which check that current or prospective employees are not prohibited from performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due to an unresolved drug and alcohol program violation—that is, a violation for which the driver has not completed the return-to-duty (RTD) process. Queries must be conducted as part of a pre-employment driver investigation, and at least annually for current employees. In addition, employers may designate a C/TPA who can report violations and/or conduct queries on their behalf. An owner-operator—an employer that employs himself or herself as a CDL driver, typically a single-driver operation—must designate the C/TPA in the Clearinghouse.
To complete the actions outlined above, employers and C/TPAs are required to register in the Clearinghouse.

Last Updated: January 08, 2020

All CDL drivers who operate CMVs on public roads and their employers and service agents. This includes, but is not limited to: Interstate and intrastate motor carriers, including passenger carriers • School bus drivers • Construction equipment operators • Limousine drivers • Municipal vehicle drivers (e.g., waste management vehicles) • Federal and other organizations that employ drivers subject to FMCSA drug and alcohol testing regulations (e.g., Department of Defense, municipalities, school districts)

Last Updated: August 22, 2019

No. Information from the Clearinghouse will not be shared with the National Highway Traffic Safety Administration’s National Driver Register.

Last Updated: July 22, 2019

An owner-operator (an employer who employs himself or herself as a CDL driver, typically a single-driver operation) is subject to the requirements pertaining to employers as well as those pertaining to drivers. Under the Clearinghouse final rule, an employer who employs himself or herself as a CDL driver must designate a consortium/third-party administrator (C/TPA) to comply with the employer’s Clearinghouse reporting requirements (§ 382.705(b)(6)).

Last Updated: September 30, 2019

The October 2021 final rule (86 FR 55718) amends 49 CFR part 392 by prohibiting CLP or CDL holders from operating a commercial motor vehicle, as defined in 49 CFR 390.5T, if they are subject to the CMV driving prohibition in 49 CFR 382.501(a). No later than November 18, 2024, States receiving Motor Carrier Safety Assistance Program (MCSAP) grant funds must adopt and enforce a CMV driving prohibition, comparable to 49 CFR 392.15, for CLP and CDL holders who are barred from operating a CMV due to a drug and alcohol program violation.

Last Updated: November 05, 2021

Effective November 8, 2021 an actual knowledge violation, based on the issuance of citation for DUI in a CMV, will not be removed from the Clearinghouse when the citation does not result in a conviction.
In the final rule published on October 7, 2021 (86 FR 55718), FMCSA clarified that a driver subject to FMCSA’s drug and alcohol use and testing requirements, who has been issued a traffic citation (or other charging document) for DUI in a CMV, has violated 49 CFR part 382, subpart B. Accordingly, the 2021 final rule amends the regulation to state that a report of actual knowledge of prohibited use of drugs or alcohol, based on the issuance of DUI in a CMV, will remain in the Clearinghouse for 5 years, or until the driver has completed the return-to-duty process, whichever is later, regardless of whether the driver is ultimately convicted of the DUI offense. Drivers who are not convicted of the offense may petition to submit documentary evidence of non-conviction to their Clearinghouse record.

Last Updated: November 05, 2021

The Clearinghouse offers employers a centralized location to query driver information and report drug and alcohol program violations incurred by their current and prospective employees holding CDLs and CLPs. The employer must use the Clearinghouse to: • Conduct a full query of the Clearinghouse as part of each pre-employment driver investigation process. • Conduct limited queries at least annually for every driver they employ. • Request electronic consent from the driver for a full query, including pre-employment queries. • Report drug and alcohol program violations. • Record the negative return-to-duty (RTD) test results and the date of successful completion of a follow-up testing plan for any driver they employ with unresolved drug and alcohol program violations.

Last Updated: January 08, 2020