FMCSA New Rule Goes Into Effect This Year

 Posted on January 08,2024 in License Reinstatement

In 2021, the Federal Motor Carrier Safety Administration (FMCSA) issued a new rule about the consequences for commercial truck drivers who test positive for drugs. That new rule will finally go into effect in November. The delay is to give truck drivers already classified as “prohibited” in the FMCSA’s Drug and Alcohol Clearinghouse a chance to take the steps to remove that label. Under the new rule, any commercial driving license (CDL) holder who tests positive for drugs or is currently on the prohibited list will lose their CDL.

The following is a brief overview of the new rule. Contact an Illinois defense attorney for legal assistance if you have questions or concerns about your CDL.

Drug and Alcohol Clearinghouse

The FMCSA Drug and Alcohol Clearinghouse is an online database that provides real-time information about drug and alcohol violations committed by CDL holders. Since the FMSCA launched the database in January 2020, there have been more than 224,000 positive drug and alcohol tests entered. The majority of those positive tests were for cannabis, and although the drug has been decriminalized in many states, CDL holders are still banned from using the drug.

Currently, truck drivers with a drug or alcohol violation are marked “prohibited” in the FMCSA’s Drug and Alcohol Clearinghouse, an online database of truck drivers’ violations. A prohibited status means they cannot drive commercial motor vehicles like large trucks until they complete a return-to-duty process. This process includes:

• An evaluation by a substance abuse professional

• Completion of a substance abuse treatment program

• Pass a drug/alcohol test

• Confirmation of scheduled follow-up tests

New Rule

Beginning November 18, 2024, any truck driver who tests positive will lose their CDL. The rule also applies to anyone who holds a commercial learner’s permit (CLP).

Under the new rule, any truck driver who is currently listed as prohibited in the database will also automatically lose their CDL on November 18th, however, the FMSCA has given states the option to access the Clearinghouse database and begins suspending the CDLs for prohibited drivers before that date.

Contact a DuPage County, IL Defense Attorney

If you are a CDL holder and have failed a drug or alcohol test or are currently on the prohibited list, contact Law Office of Patricia Magaña, LLC right away to schedule a free consultation with our dedicated Aurora, IL CDL violations lawyer to find out what legal options you may have at defending your commercial driving privileges. Call 630-448-2001 to schedule a free consultation.