b'Marketer Member NewsRules & RegulationsFMCSA Rule Requires Electronic Removal of Driver CDL EndorsementsUpon Violation of Federal Drug and Alcohol ProhibitionNew FMCSA Rule Requires States to Electroni- SDLAs to downgrade the drivers licensing status by cally Remove Driver CDL Endorsement Uponremoving the commercial driving privilege, the final Violation of Federal Drug and Alcohol Prohibition rule will also permit all traffic safety enforcement of-Washington, D.C. - The Federal Motor Carrier Safetyficers to readily identify prohibited drivers by con-Administration (FMCSA) issued a final rule thatducting a license check during a traffic stop or other closes a knowledge gap in the federal drug androadside intervention.alcohol testing regulations. Compliance with the newSummary of Major Provisionsrequirements begins November 18, 2023. Specifically, Mark S. Morgan, Esq the final rule requires state driver licensing agenciesNon-IssuanceEMA Regulatory (SDLAs) to create an electronic database capable ofAs noted above, the Clearinghouse regulations require Counsel changing in real time a drivers CDL license to pro- that SDLAs check the drivers status by querying the hibited status and electronically removing the CDLClearinghouse prior to issuing, renewing, transferring, endorsement upon the drivers violation of FMCSAor upgrading a CDL. The final rule provides that, if drug and alcohol prohibition regulations. The elec- the reply to the query indicates the driver is prohib-tronic data base must provide instantaneous accessited from operating a CMV, the SDLA must deny the to enforcement officers in the field investigating therequested commercial licensing transaction, resulting status of a drivers CDL endorsement as well as to allin non-issuance. Drivers may re-apply to complete the state licensing agencies nationwide. transaction after completing federal drug and alcohol According to the FMCSA, the purpose of the finalprogram return-to-duty requirements. The final rule rule is to ensure that CDL holders with drug and alco- also extends the SDLAs query requirement to appli-hol program violations do not operate a commercialcants seeking to obtain, renew, or upgrade a commer-motor vehicle (CMV) until they complete the requiredcial learners permit (CLP).return-to-duty process and can lawfully resume driv- Mandatory CDL Downgradeing.Surprisingly, most SDLAs do not currently re-ceive drug and alcohol program violation informationIn addition to the non-issuance requirement, the rule about CDL holders licensed in their state. As a result,requires that SDLAs initiate the process to electroni-these SDLAs are unaware when a CMV operator iscally remove the CLP or CDL privilege from the subject to the driving prohibition for violation of fed- drivers license after receiving notification from eral drug and alcohol regulations. This knowledge gapFMCSA that an individual is prohibited from operat-opens a loophole where a CMV driver under a prohi- ing a CMV. Pursuant to FMCSA regulations, CDL bition due to a drug and alcohol violation continues todowngrade is defined to include removal of the CDL hold a CDL that looks valid but is actually suspended.endorsement. SDLAs are required to complete and re-Drivers take advantage of this loophole to continuecord the CDL downgrade on the Commercial Drivers driving for another company or operate in anotherLicense Information System (CDLIS), a nationwide state, largely without detection. The final rule closescomputer system that enables SDLAs to ensure that the knowledge gap by ensuring that all SDLAs areeach commercial driver has only one driver license able to determine CDL driver status via the FMCSAand one complete driver record.Drug and Alcohol Clearinghouse database.The final rule also prohibits SDLAs to issue, renew,Notification of Prohibition and Reinstatementor transfer a CDL for any driver listed in the Clear- There are two ways the SDLA will receive notifica-inghouse database as prohibited from operating ation of a CDL drivers prohibited status:CMV. To ensure these drivers do not operate a CMVThe SDLA pulls the information from the during the probationary period, the final rule also re-quires SDLAs to remove the CDL endorsement fromClearinghouse by conducting a required query a drivers license until they complete the drug andprior to a specified commercial licensing trans-alcohol program return-to-duty process. By requiringaction; and 34www.wpma.com / Scholarship 2023'