THOUSANDS of drivers could soon lose their licenses due to a new rule set to take effect in the coming weeks.
The crackdown, reported by CDL Life, is expected to impact a large number of truckers.
Thousanda of drivers could lose their licenses due to a new rule to take effect in November[/caption]
The crackdown is expected to impact a large number of truckers[/caption]
Under the latest ruling from the Federal Motor Carrier Safety Administration (FMCSA), truck drivers listed as ‘prohibited’ in the Drug & Alcohol Clearinghouse have until November 18 to take action.
According to the FMCSA’s latest report, 163,318 holders of Commercial Driver’s Licenses and Commercial Learner’s Permits are currently classified as ‘prohibited’ in the Clearinghouse – a database tracking violations of the FMCSA’s drug and alcohol testing program.
These drivers are being urged to begin their Return-to-Duty process or risk losing their commercial driving privileges.
Starting November 18, 2024, State Driver’s Licensing Agencies will be asked to revoke licenses of drivers still listed as ‘prohibited’.
This deadline stems from a ruling issued in October 2021, which tightened regulations surrounding the Drug & Alcohol Clearinghouse.
In a statement, the FMCSA said: “As established in the first Clearinghouse Final Rule, drivers with a ‘prohibited’ Clearinghouse status are prohibited from operating a commercial motor vehicle on public roads.
“The second Clearinghouse final rule further supports this by ensuring that drivers with a ‘prohibited’ Clearinghouse status do not continue to hold a commercial driver’s license or commercial learner’s permit.”
The FMCSA’s initial Drug & Alcohol Clearinghouse Final Rule, which came into effect on January 6, 2020, requires carriers to check the database before hiring drivers and conduct yearly checks on existing drivers.
The ‘prohibited’ status starts a 60-day period for the state licensing agencies to downgrade licences and learning permits.
Overall, this ensures that employers, as well as law enforcement, have access to records of drug and alcohol violations, including positive tests and refusals.
New FMCSA ruling
Beginning on November 18, the federal trucking regulators will require state driver licensing agencies to downgrade a driver’s commercial license once a driver fails a drug or alcohol test.
The new requirement is part of the FMCSA’s Drug & Alcohol Clearinghouse II regulation, intended to make it more difficult for drivers to continue operating after receiving a drug or alcohol violation.
The first Clearinghouse rule
This required employers to query the Clearinghouse for current and potential employees for drug and alcohol violations, before permitting them to operate a commercial vehicle on public roads.
It also required employers to annually query the Clearinghouse for each driver they currently employ.
The Clearinghouse II rule
This further step requires state driver licensing agencies to remove commercial driving privileges of drivers with a ‘prohibited’ status, downgrading their licence until they complete the return-to-duty process.
The new rule requires the state to complete and record the downgrade on the Commercial Driver’s License Information System driver record within 60 days.
This comes as another new driving law that could see huge fines and even possible prison time for repeat offenders is set to come into effect in New York from November 1.
Known as ‘Angelica’s Law’, it stands to decrease the number of prior license suspensions needed to qualify for first-degree aggravated unlicensed operation of a motor vehicle.
That means the offense will now be punishable of up to two years imprisonment – with a possible fine between $500 and $5,000.
Elsewhere, a driver has claimed he was forced to pay out $225 to get his keys back after his car was towed following a traffic stop.
The motorist was handed a ticket by officers but then had to wait for five days before he could recover his beloved muscle car.
Truck drivers listed as ‘prohibited’ in the Drug & Alcohol Clearinghouse have until November 18 to take action[/caption]
Employers much now check the database before hiring drivers and conduct yearly checks on existing drivers[/caption]
