How Clearinghouse Phase 2 Will Affect Drivers | CDL Downgraded

Currently, over 160,000 professional drivers are “prohibited” from driving a commercial motor vehicle (CMV). How do I change to “not prohibited”?

The purpose of the CDL Drug and Alcohol Clearinghouse is to prevent job hopping of CDL drivers with positive drug and alcohol test results, refusal to test or information on a driver’s return-to-duty process.

Currently, the CDL Clearinghouse will label these drivers as “prohibited” from driving a CMV.

But soon things will change.

Phase 2 takes this a step further by ensuring that drivers with a “prohibited” Clearinghouse status do not continue to hold a commercial driver’s license (CDL) or commercial learner’s permit (CLP). 

This means, by November 18, 2024, State Driver Licensing Agencies (SLDAs) 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.  

It is important to know that some states are ready and doing this now. Virginia is one example of a state swiftly reaching compliance by August 12, 2024.

Why are SDLAs doing this? It’s simple.

Phase 2 aligns with FMCSA’s goal of ensuring that only qualified drivers are eligible to receive and retain a CDL, which should reduce the number and severity of CMV crashes. 

How can a driver’s downgraded CDL, due to a “prohibited” Clearinghouse status, be reinstated?

If your status is currently “prohibited” and you want to quickly get back to driving, you must complete the return-to-duty (RTD) process, as established by 49 CFR part 40, subpart O, for status to change to “not prohibited”.

After you complete the RTD process and your Clearinghouse status is updated to “not prohibited,” your State Driver Licensing Agency (SDLA) will allow you to reinstate your commercial driving privileges. 

Are you a “prohibited” driver taking a break but want to eventually drive again in the future or at least have the option to drive again commercially?

We recommend going through the RTD process and getting your status changed on the FMCSA Clearinghouse, so you have the option to operate a commercial motor vehicle without any delays.

Remember, if your CDL is revoked and you wish to drive a commercial vehicle later, you will need to start over from the beginning of the commercial licensing process.

Finishing the RTD process means you:

• Find a qualified DOT SAP
• Complete an initial SAP evaluation
• Finish your SAP recommended education or treatment program
• When finished, complete a second SAP evaluation
• If the SAP report is good, complete a return-to-duty observed drug test

Once the DER receives the negative result AND DER or TPA updates the information in the Clearinghouse, the driver can begin safety-sensitive functions again and you Clearinghouse status will be changed back to “not prohibited”.

What if I completed the RTD process but am still in the SAP program?

CDL Clearinghouse Phase 2 only impacts drivers whose account says they are “prohibited”. If you already completed the RTD process, your status should have changed to “not prohibited”.   

Drivers who are currently going through the 5-year SAP period that follows that return to duty test will experience no changes with Phase 2.

Need Clearinghouse and Driver File help?

Effective January 6, 2023, the FMCSA clearinghouse became the sole query source for employers to meet the requirement to identify prospective drivers with drug and alcohol violations.

While this does save time, employers are still required to reach out for other driver qualification file required history.

Our driver file management service will do all of this for you and help you streamline your hiring process!

For more information, fill out the form below or contact us at 888.260.9448 or info@cnsprotects.com.