CLEARINGHOUSE STATUS
Commercial licensing is now tied to a driver’s Drug and Alcohol Clearinghouse status. Drivers in a prohibited status face a denied or downgraded commercial driver’s license (CDL) or commercial learner’s permit (CLP). State driver’s licensing agencies (SDLAs) were given until November 18, 2024, to have systems in place to connect with the Clearinghouse to learn of and act on a driver’s status.
A prohibited status is placed on a driver’s Clearinghouse record as the result of a DOT drug or alcohol violation under 49 CFR Part 382. It is not removed until the Clearinghouse receives confirmation of a completed return-to-duty (RTD) program and test. Of the 178,839 drivers currently in a prohibited status, 136,224 have yet to start the RTD process, 17,368 are in process, and 25,247 are eligible to take an RTD test.
SDLAs have been instructed by the FMCSA to deny CDL and CLP issuance, renewal, upgrade, or transfer for any driver that has an unresolved violation (prohibited status) and to downgrade existing CDL and CLP holders while they are in prohibited status in the Clearinghouse. The SDLA must report the downgrade within 60 days of learning of the status and reinstate privileges after the driver is no longer prohibited.
To get the prohibited status off their record, drivers must work with a substance abuse professional (SAP). The driver must designate the SAP in their Clearinghouse account. If a driver does not have a personal account, one must be created to proceed. The designated SAP will indicate the completion of an initial evaluation, the successful completion of education/treatment, and a second evaluation. At this point, the driver is eligible for an RTD drug and/or alcohol test, as prescribed by the SAP. The prohibited status is lifted once an employer or consortium reports a negative RTD test(s).
The Clearinghouse regulations in 383.73(q) don’t outline administrative processes for the SDLA to reinstate CDL privileges. As a result, drivers can’t assume their licenses are automatically restored when the status changes from prohibited to not prohibited in the Clearinghouse. They should speak with the SDLA to learn how to reclaim their licenses and what actions and documentation might be required of them. Motor carriers should monitor the CDL status before allowing a driver to operate a commercial motor vehicle (CMV) after the prohibited status is lifted. There could be a delay in the reinstatement. Failing to check the driving record first could result in a citation and a fine for using a driver without a CDL when one is required.
Knowledge of a prohibited status is no longer limited to Commercial Vehicle Safety Alliance (CVSA) inspectors during roadside inspections. CVSA inspectors can see a driver’s status to determine if a driver should be placed out of service. The recent change allows all safety enforcement officers to identify prohibited drivers after a license downgrade by conducting a license check during a routine traffic stop. This increased visibility will keep drivers from operating commercial vehicles when restricted.
Tying a driver’s CDL or CLP to the Clearinghouse status provides a medium for motor carriers not subject to Part 382. Why does this impact them? A driver with a prohibited status is restricted from operating all CMVs, including non-CDL CMVs. And these carriers don’t have a Clearinghouse account or a means of detecting a prohibited status. These motor carriers can avoid using a driver in a prohibited status through a motor vehicle record (MVR) or continuous MVR monitoring. Those who manage a carrier’s driver qualifications (DQ) files should be brought into the conversation since they need to know how to respond to an MVR showing a downgraded CDL due to the Clearinghouse status. This is just another reason to join NTA so you can use our knowledge to help you become successful.
TOP VIOLATIONS FOR 2024
The top 5 acute violations for 2024 were: 1) Operating without a valid CDL; 2) Failing to periodically inspect vehicle; 3) Failing to maintain driver qualification files; 4) Using an unqualified driver (previous positive drug test); and 5) Failing to maintain vehicle maintenance/inspection records. The top 5 critical violations for 2024 were: 1) Speeding; 2) Falsifying HOS records; 3) Not using an ELD; 4) Using a driver before receiving preemployment drug test; and 5) Failing to maintain copies of MVR in driver qualification files.
The top 5 roadside violations for drivers in 2024 were: 1) Speeding 6-10 mph over the speed limit; 2) Failing to obey traffic control device; 3) Falsifying HOS records; 4) Failing to use seat belt while operating a CMV; and 5) Operating a CMV without a CDL. The top 5 roadside out-of-service violations for drivers in 2024 were: 1) Operating a CMV without a CDL; 2) Failing to record HOS with ELD; 3) Falsifying HOS record; 4) Failing to record HOS when ELD not required; and 5) Failing to retain HOS records for previous 7 days.
The top 5 roadside violations for vehicles in 2024 were: 1) Inoperable required lamp; 2) Operating a CMV without proof of a periodic inspection; 3) Brake out of adjustment; 4) No/discharged/unsecured fire extinguisher; and 5) Inoperative turn signal. The top 5 roadside out-of-service violations for vehicles in 2024 were: 1) Tire-flat and/or audible air leak; 2) Defective brakes; 3) Inoperative turn signal; 4) No/improper breakaway or emergency braking; and 5) Inoperable required lamp.
DOL CONTRACTOR RULE
In the waning days of the first Trump administration, the U.S. Department of Labor (DOL) finalized a regulation establishing the test to be used by DOL to determine whether a worker is an independent contractor or an employee under the Fair Labor Standards Act, which governs overtime and minimum wage. That regulation started a multi-factor test that emphasized two core factors that made the determination more predictable.
The Biden administration replaced the DOL regulation with an equally weighted, multi-factor test, but included commentary that leans toward a finding of employee status. President-elect Trump’s Secretary of Labor nominee will take over at a time where the newer Biden administration rule is already embroiled in legal challenges. The President-elect may have multiple paths toward reinstituting a simpler, more predictable test favored by businesses. We at NTA will keep you abreast of any new changes. If you have comments or questions or want information about how (and why) you should join an association like NTA, call us at (800) 805-0040 or visit our website at www.ntassoc.com today!