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November 18th 2024 FMCSA Clearinghouse Changes

by | Aug 23, 2024 | Uncategorized

Effective November 18, 2024

FMCSA Clearinghouse: States Take the Wheel in Enhancing Road Safety

Attention drivers and motor carriers! The FMCSA Clearinghouse is gearing up for a major shift. The new Clearinghouse Rule II is set to shake things up, mandating states to take a more active role in ensuring road safety. Come November 18, 2024, state Driver Licensing Agencies (SDLAs) across the nation will be required to downgrade the licenses of drivers with prohibited statuses in the Clearinghouse within 60 days. This means no more commercial driving for those with drug and alcohol violations. While November 18, 2024 is the official deadline for states to fall in line, some states have already begun downgrading licenses.

BIG CHANGES TO DOT

The New Landscape: States Take Charge

It’s noteworthy that some states aren’t waiting for the official deadline. Texas, for instance, has taken the initiative to implement these changes early. We’ve received reports from multiple Texas-based companies indicating that the Texas Department of Transportation has been proactively downgrading licenses for drivers with prohibited statuses in the Clearinghouse, even as far back as a month ago. This proactive approach demonstrates a strong commitment to road safety and sets a precedent for other states as the nationwide implementation date of November 18, 2024, draws closer.  With these changes, states will play a more active role in ensuring that drivers with drug and alcohol violations are kept off the roads, fostering a safer environment for everyone.

Key Changes:

  • Mandatory CDL Downgrades: When the FMCSA Clearinghouse indicates that a driver is prohibited from operating a commercial motor vehicle (CMV) due to a drug or alcohol violation, the SDLA is now required to initiate a “downgrade” of the driver’s Commercial Driver’s License (CDL) or Commercial Learner’s Permit (CLP). This effectively removes their privilege to operate a CMV.
  • Strict Timeline for Downgrades: The SDLA has 60 days to complete and record the downgrade in the driver’s Commercial Driver’s License Information System (CDLIS) record. The SDLA will receive notification of the driver’s prohibited status either through its own queries to the Clearinghouse or directly from the FMCSA.
    • Texas Takes the Lead: It’s worth noting that our inside sources have shared with us that while the federal government is implementing a strict 60 day limit for state to respond and downgrade a driver’s license, states like Texas are taking action on the downgrades much quicker than the 60 day requirement.
TEXAS IS LEADING THE WAY
  • Enforcement of CMV Driving Prohibition: Once a downgrade is recorded,60-dayaw enforcement officer can cite a driver for operating a CMV without a valid CDL, even if they still possess the physical CDL card.

What this Means for You

  • Drivers: If you have a drug or alcohol violation, be aware that it will directly impact your ability to obtain or maintain a CDL license. Focus on fulfilling the return-to-duty requirements so you can regain your driving privileges. Remember, the states are watching!
  • Motor Carriers: Continue to prioritize regular Clearinghouse queries to ensure your drivers remain qualified and compliant.

The Bottom Line:

These changes to the FMCSA Clearinghouse represent a significant step towards enhancing road safety by empowering SDLAs to take decisive action against drivers with drug and alcohol violations. The message is clear: If you’re prohibited in the Clearinghouse, you will not be driving a CMV. Don’t wait until it’s too late! Start checking the Clearinghouse regularly and make sure your drivers are compliant.

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