Clearinghouse II Begins: Prohibited Drivers Lose CDL Privileges
From November 18, 2024, states had to downgrade the licences of drivers in prohibited Clearinghouse status until they completed return-to-duty.
In November 2024, truck and bus drivers with a "prohibited" status in the Federal Motor Carrier Safety Administration's Drug and Alcohol Clearinghouse began losing the commercial privileges on their licences. November 18, 2024 was the compliance date for the second Clearinghouse final rule, known as Clearinghouse II, according to an FMCSA Clearinghouse notice issued that day.
From driving ban to licence downgrade
The first Clearinghouse rule already barred drivers with a prohibited status from operating a commercial motor vehicle. A driver lands in that status after a drug or alcohol violation, such as a positive test or a refusal to test, and stays there until completing the return-to-duty process.
The Clearinghouse II rule, published in October 2021, went further. It required State Driver Licensing Agencies (SDLAs) to remove commercial driving privileges from the licence of anyone subject to that prohibition. In practice, the driver's commercial driver's license (CDL) or commercial learner's permit (CLP) would be downgraded until the driver completed return-to-duty.
FMCSA said that from November 18, 2024, a prohibited status would mean losing a CDL or CLP, or being denied one. The agency said the rule rested on the idea that drivers who cannot lawfully operate a commercial vehicle because of drug or alcohol violations should not hold a valid CDL or CLP.
Getting privileges back
FMCSA said the first step for a downgraded driver was to change their Clearinghouse status from "prohibited" to "not prohibited" by completing the return-to-duty process in 49 CFR part 40, subpart O. Once the status was updated, the driver's state licensing agency would allow the commercial privileges to be reinstated.
To help drivers, FMCSA published a Return-to-Duty Quick Reference Guide and a new video walking drivers through the steps.
Advance warning
The change had been flagged for weeks. In an October 11, 2024 update, FMCSA reminded carriers and drivers that state agencies had to begin removing commercial privileges from prohibited drivers by November 18, and noted that some states had already begun.
A second stage
This archive covered the original Clearinghouse when it launched in 2020. Clearinghouse II built on it. Under the first rule, a prohibited status barred a driver from operating a commercial vehicle. Under the second, that prohibition was also reflected on the driver's state-issued licence, so a driver in prohibited status would no longer hold a valid CDL or CLP.
FMCSA said the Clearinghouse II rule supported its goal of making sure only qualified drivers could receive and keep a CDL, which it linked to reducing the number and severity of commercial vehicle crashes.
Archive: this article describes rules and events as of November 2024. Regulations may have changed since, so check the current rule before relying on it.