b'Marketer Member NewsFMCSA Rule Requires Electronic Removal of Driver CDL EndorsementsUpon Violation of Federal Drug and Alcohol ProhibitionFMCSA pushes the information to the SDLA wheneverEmployer Responsibilities a drug or alcohol program violation is reported by a motorThe final rule revises how employers reports of actual knowl-carrier or third-party drug and alcohol program testingedge of a drivers prohibited use of drugs or alcohol, based on a consortium to the Clearinghouse for a CLP or CDL holdercitation for Driving Under the Influence (DUI) in a CMV, would licensed in that State.be maintained in the Clearinghouse. Currently, The FMCSA Drug FMCSA will also push a notification to the SDLA when the driv- and Alcohol Clearinghouse regulations require employers with er complies with all return-to-duty requirements and is no longeractual knowledge of a drivers prohibited use of drugs or alcohol prohibited by FMCSAs regulations from operating a CMV. In(based on the issuance of a citation) to report the violation to the addition, if FMCSA determines that a driver was erroneouslyClearinghouse. The rule amends current Clearinghouse regula-identified as prohibited, the Agency will notify the SDLA that thetions by requiring that this type of actual knowledge violation individual is not prohibited from operating a CMV. The SDLAremain in the Clearinghouse for 5 years, or until the driver has must promptly reinstate the commercial driving privilege to thecompleted return-to-duty requirements, whichever is later, re-drivers license, and expunge the driving record accordingly.gardless of whether the driver is convicted of the DUI charge.The final rule requires states receiving federal funding under theThe final rule also clarifies that a CLP or CDL holder who is Motor Carrier Safety Assistance Program to adopt and enforcecharged with DUI in a CMV is in violation of the FMCSA a comparable prohibition processing system. Unfortunately, theDrug and Alcohol Prohibition, regardless of whether the driver final rule does not establish specific downgrade or reinstatementis ultimately convicted of the offense. Therefore, the driver is procedures, opening the door to increased likelihood of pro- prohibited from operating a CMV until completing return-to-duty cessing breakdowns where reinstatement is delayed. However,requirements. The rule also permits drivers to add documentary all states currently have established procedures to downgradeevidence of non-conviction to their Clearinghouse record so that the CDL of a driver whose medical certification has expired orfuture employers will be aware of that outcome. otherwise been invalidated. States will likely adapt their existingCompliance Dateprocesses to remove the CDL credential from the license of any driver subject to the CMV driving prohibition. It is unclear at thisBeginning November 18, 2024, drivers with a prohibited status point the length of time it will take for the notice of reinstatementin the Drug and Alcohol Clearinghouse will lose or be denied to result in restoration of the drivers CMV endorsement. Thetheir state-issued commercial driving privileges. By this date, time period will likely vary from state to state. states must also amend laws or regulations to comply with the Effect on Roadside Inspections electronic reporting and notification requirements in the final rule.Once a SDLA completes the CDL license downgrade, enforce- Finally, the rule does not create any additional compliance ment officers will be aware the driver is not lawfully operating arequirements for employers. Instead, the rule makes it easier for CMV, simply by conducting a routine license check. The down- employers, state CDL licensing agencies, and enforcement of-grade requirement ensures the CMV drivers license status isficers to identify drivers CDL license status and drug and alcohol available to all traffic safety enforcement personnel, thus closingviolation history electronically, in real time.the loophole that currently permits these drivers to evade detection. If, during a roadside intervention, an enforcement officer de-termines the driver is prohibited from operating a CMV due to a drug and alcohol program violation, the driver will be placed out-of-service and subject to citation. The final rule will further facilitate enforcement of the driving prohibition for CMV opera-tors who still hold a valid CLP or CDL i.e., during the period in which the state is notified of the drivers prohibited status, butFor more information on the final rule and compliance with FMCSA before the downgrade has been recorded on the CDLIS driverdrug and alcohol reporting requirements and driver return-to-duty re-recordby clarifying the basis for citing the CMV operator dur- sponsibilities go to: https://clearinghouse.fmcsa.dot.gov/Learning this period. SWPMA News / Scholarship 202335'