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Breaking down new CDL regulations from the Drug & Alcohol Clearinghouse

Oct 16, 2024 at 02:54 PM CST

The Federal Motor Carrier Safety Administration proposed a rule back on April 28, 2020, titled “Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Non-Issuance/Downgrade of Commercial Driver’s License.”

Now approved, the rule is scheduled to take effect Nov. 18. It prohibits state driver licensing agencies from issuing, renewing, transferring or upgrading a CDL or commercial learner’s permit (CLP) for any driver banned from operating a commercial motor vehicle.

Essentially the rule will flag CDL license holders who failed a drug or alcohol test for a downgrade of their license within 60 days of the offense.

Drivers who fail a drug or alcohol test such as a Breathalyzer and blow over the legal limit of 0.04 will be removed from service and their CDL stripped within 60 days. Drivers will have to complete the return-to-duty test to attain their CDL again. 

Reliance Partners’ Daniel Vega, director of safety, broke down how this is different from what happens today. “If an officer pulls you over and inspects you and you’re prohibited in the Drug & Alcohol Clearinghouse, you’re prohibited from doing safety-sensitive functions, which is driving a commercial vehicle, right? You could be put out of service, but your license could still be valid in your state.”