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QuoteReplyTopic: DUI or failed drug test - CDL gone Posted: 06 Oct 2021 at 7:41pm
Truck drivers who have a positive drug or alcohol test and find themselves in the Federal Motor Carrier Safety Administration’s Drug and Alcohol Clearinghouse will begin having their licenses downgraded after a final rule from the agency takes effect.
That rule will be published in the Federal Register Thursday, Oct. 7. With it, FMCSA is amending its regulations to establish requirements for state driver’s licensing agencies (SDLAs) to access and use information in the Clearinghouse.
Under the new rule, which will be effective as of Nov. 8, 2021 – with a state compliance date of Nov. 18, 2024 – states will be barred from issuing, renewing, upgrading or transferring a CDL or commercial learner’s permit for any driver prohibited from driving a commercial vehicle due to one or more drug or alcohol violations.
Additionally, states will be required to remove the CLP or CDL privilege from the license of drivers subject to the CMV driving prohibition, resulting in a downgrade of the license until the driver completes return-to-duty requirements.
By removing the commercial driving privilege from licenses, the rule will also allow all enforcement officers to easily identify prohibited drivers by conducting a license check during a traffic stop or other roadside intervention/inspection.
FMCSA said the rule will ensure that drivers with drug and alcohol violations don’t operate commercial vehicles until they complete their return-to-duty process.
Currently, most state agencies don't receive "drug and alcohol program violation information about CDL or CLP holders licensed in their state,” the agency said in its rule. State agencies are thus “unaware when a CMV operator is subject to the driving prohibition set forth in 49 CFR 382.501(a), and the CMV operator continues to hold a valid CDL or CLP despite the driving prohibition.”
The agency added that the rule “closes that knowledge gap," giving state agencies the ability "to determine whether CMV drivers licensed in their state are subject to FMCSA’s CMV driving prohibition.”
Trucking's hand-wringing over the Clearinghouse
While the rule will help get more truck drivers with drug and alcohol problems off the road quicker than the current system, which most in the industry agree is a good thing, there has been some hand-wringing in the industry about the number of drivers already sidelined due to the Clearinghouse.
At the Truckload Carriers Association’s Truckload 2021 annual convention, a question from the audience aimed at a panel of trucking company execs asked about the follow-on effects of FMCSA’s Drug and Alcohol Clearinghouse, given more than 100,000 positive tests logged there over its nearly two-year existence. A relative few of those drivers have completed documented return-to-duty procedures, as the questioner noted, adding: “I’m assuming Amazon loves us to keep letting these drivers go.”
Faith isn't a jump in the dark. It is a walk in the light. Faith is not guessing; it is knowing something. "Challenges are what make life interesting; overcoming them is what makes life meaningful."
Clearinghouse is a Federal Register - When you take a CDL drug test a copy is sent to employer and if POSITIVE to the Feds and Employer . You are removed from service by employer - but before what a lot of people would do is go to another company and fudge the test or wait and pass it later . Now a Positive is sent to Feds and new employer is required to check for name in Register before hiring drivers
Now once your name is in the Clearinghouse files - IT STAYS on record When I worked for the tanker company I was chosen from random list of drivers about once a month and in couple times more often than that - needed a passing random test and it seems my name kept coming up .
Edited by Coke-in-MN - 06 Oct 2021 at 8:08pm
Faith isn't a jump in the dark. It is a walk in the light. Faith is not guessing; it is knowing something. "Challenges are what make life interesting; overcoming them is what makes life meaningful."
It's been in effect since January 2020, carriers had until October 2020 to get registered with the clearinghouse,the clearinghouse is a federal data base. And yes they enforce it,Most carriers drop that driver if he test positive for drugs or alcoholfor a minimum of 18 months and the carrier must enter that information into the clearinghouse so if the driver tries to get another job they will show up in the database as have testing positive.
Coke, you and me both, SUPPOSEDLY drug/alcohol test are random. Random my a$$, Operations know EXACTLY who the random guy is going to be and it all depends on how much freight they have booked
I have been registered in Clearinghouse since started at my current employer, regardless if I ever leave them should I get a DUI/DWI or am tested positive for drugs so long as I have a CDL it will be cataloged in Clearinghouse. The company lost a driver to a drugs test, he has since gone to other employers and found to have been positive tested, they will not hire him.
Roll the die and take your chances these days.
A secondary ruling was in the new rules changes, Peripheral Vision was allowed to a 70 Degree level, that has since been changed as well requiring a greater field of vision peripherally, I do not have the numbers off hand.
When I accepted my job with the city I had to give the clearinghouse permission to share any info that they had (none) on me for positive drug/alcohol testing. If you can’t keep your drinking confined to your off work time or have to get high, I have no sympathy for you.
"Any man who thinks he can be happy and prosperous by letting the government take care of him better take a closer look at the American Indian." Henry Ford
I believe everyone on here is in complete agreement, for years I've had two questions that no one seems to be able to answer with anything other than a 1,000 yard stare. 1, who's in charge of hiring,2 how did such a proud profession turn into what it is now.
greed and corruption, that led to reducing the standards(tests and ability) to allow ANYONE to drive a 'big rig'. Case to prove.....lookup the Burlington Bay Skyway Bridge 'accident' where a trucker HIT the bridge with his dumptrailer UP......
BTW, word is, he's STILL driving today...
3 D-14s,A-C forklift, B-112 Kubota BX23S lil' TOOT( The Other Orange Tractor)
Never burn your bridges, unless you can walk on water
greed and corruption, that led to reducing the standards(tests and ability) to allow ANYONE to drive a 'big rig'. Case to prove.....lookup the Burlington Bay Skyway Bridge 'accident' where a trucker HIT the bridge with his dumptrailer UP......
BTW, word is, he's STILL driving today...
Actually, I can see how that could happen.
Back in the 60's, a friend of my Dad's (who raised certified birdsfoot trefoil seed) dumped a load with his dump truck and headed home on the interstate near his house. He had forgot to take the PTO out of gear. He stuffed his jacket down in front of the seat, which pushed the lever, raising the box. He hit an overpass with the raised box and broke his neck. He was paralyzed from the neck down. he only lived a couple years after the accident.
WF Owner, yes, it’s a just a dumb mistake where terrible things can happen. Man around here that was one of my Cub Scout leaders worked road construction. He and some others were riding in the back of a dump bed truck. PTO was left in gear the bed was inching up. The guy climbed to front desperately trying to get the driver’s attention to put it down. Got the top of his head sheared off by an overpass.
QuoteReply Posted: 6 hours 15 minutes ago at 3:20am
Basically, with the FMCSA’s Drug and Alcohol Clearinghouse now fully in action, anyone who fails a drug test or gets a DUI is entered into a federal database. It blocks drivers with those violations from getting a new CDL or renewing their current one until they complete the return-to-duty process.
QuoteReply Posted: 2 hours 35 minutes ago at 7:00am
TomC wrote:
Coke, you and me both, SUPPOSEDLY drug/alcohol test are random. Random my a$$, Operations know EXACTLY who the random guy is going to be and it all depends on how much freight they have booked.
I agree Random my A$$: many years ago when I still delivering fuel, I was picked for the random test every 1/4 for three times in a row. I gave the "safety director" My thoughts on their "random" picks. I was picked because they knew I'd pass where some others were questionable. I was never again "picked" for the duration that I was at that company.
If it was fun to pull in LOW gear, I could have a John Deere. Real pullers don't have speed limits. If you can't make it GO... make it SHINY
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