177K drivers at risk of losing commercial vehicle driving privileges as November downgrade deadline looms

Thousands of Commercial Driver’s License (CDL) and Commercial Learner’s Permit (CLP) holders face downgrades next month due to drug and alcohol violations.

Thousands Of CDL/CLP Holders In “Prohibited” Status In Clearinghouse

According to the Federal Motor Carrier Safety Administration (FMCSA) , 177,092 CDL and CLP holders are currently listed in “Prohibited” status in the agency’s Drug & Alcohol Clearinghouse as of September 1, 2024. The FMCSA’s Drug & Alcohol Clearinghouse is an online database that provides law enforcement and employers with real-time information on CDL and CLP holder drug and alcohol program violations.

Most of these CDL holders — 134,779 — have not yet begun the Return-To-Duty process that could save their licenses when downgrades begin next month.

The previous FMCSA report listed 175,550 CDL and CLP holders in “Prohibited” status as of August 1, 2024.

FMCSA’S Clearinghouse-II Rule Goes Into Effect November 18

On November 18, 2024, federal law will require all State Driver Licensing Agencies (SDLAs) to remove commercial driving privileges from the driver’s license of “Prohibited” individuals. The license downgrades will remain in place until the Return-to-Duty process is completed.

In October 2021, the FMCSA issued the second Final Rule (Clearinghouse-II) to further support and strengthen the first Clearinghouse final rule, which declares that drivers with a “prohibited” Clearinghouse status are prohibited from operating a commercial motor vehicle (CMV) on public roads.

From FMCSA:

The Clearinghouse-II final rule requires that, beginning November 18, 2024, State Driver Licensing Agencies (SDLAs) must remove the commercial driving privileges from the driver’s license of an individual subject to the CMV driving prohibition. This would result in a downgrade of the license until the driver completes the return-to-duty (RTD) process.

This means that, beginning November 18, 2024, having a “prohibited” Clearinghouse status will result in losing or being denied a CDL or CLP.

“The Clearinghouse-II final rule supports FMCSA’s goal of ensuring that only qualified drivers are eligible to receive and retain a CDL, thereby reducing the number and severity of CMV crashes,” the agency said.

Some states have already begun the process of downgrading CDLs for drivers with a “Prohibited” status.

You can click here to access a guide from the FMCSA on how CDL holders with a “Prohibited” status can move to “Not Prohibited” and retain their commercial driving privileges.

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