School Bus Fleet
MenuMENU
SearchSEARCH

New Rule Closes CDL Loophole for Drivers with Drug or Alcohol Testing Restrictions

The Federal Motor Carrier Safety Administration has issued a final rule closing a loophole in the federal drug and alcohol testing program.

October 6, 2021
New Rule Closes CDL Loophole for Drivers with Drug or Alcohol Testing Restrictions

Starting in 2024, states must use the Drug and Alcohol Clearinghouse to make sure prohibited drivers don't have a valid CDL.

Photo: Quest Diagnostics

2 min to read


The Federal Motor Carrier Safety Administration has issued a final rule closing a loophole in the federal drug and alcohol testing program.

Scheduled to be published in the Federal Register on Oct. 7, 2021, the rule is designed to make sure commercial drivers who are prohibited from driving because of drug and alcohol program violations don’t get or keep their commercial driver’s license. Compliance with the rule is required by Nov. 18, 2024.

The rule establishes requirements for state driver’s licensing agencies to use information through the federal Drug and Alcohol Clearinghouse.

It says states must not issue, renew, upgrade, or transfer a commercial driver’s license or commercial learner’s permit for any individual prohibited under FMCSA’s regulations from performing safety-sensitive functions, including driving a commercial motor vehicle, due to one or more drug and alcohol program violations.

It also says states must remove the CLP or CDL privilege from the driver’s license of such individuals, resulting in a downgrade of the license until the driver complies with return-to-duty requirements.

Currently, most state driver licensing agencies do not receive drug and alcohol program violation information about commercial driver’s license holders licensed in their state. Therefore, they are unaware when a CMV operator is subject to the driving prohibition set forth in 49 CFR  382.501(a), and the driver continues to hold a valid license despite the driving prohibition.

The rule closes that knowledge gap by ensuring that all state licensing agencies are able to determine whether CMV drivers licensed in their state are subject to FMCSA’s driving prohibition.

The final rule does not establish specific downgrade or reinstatement procedures. It notes that all states already have established procedures to downgrade the CDL or CLP of a driver whose medical certification has expired or otherwise been invalidated. The agency anticipates states will adapt their existing processes.

Originally posted on Heavy Duty Trucking

More Safety

Vehicle dashboard display showing a “Caution: School Bus Stopped Ahead” warning from HAAS Alert’s Safety Cloud system, designed to alert motorists to stopped school buses.
Safety•October 29, 2026

HAAS Alert’s Safety Cloud Warns Motorists of Stopped School Buses

Through a transponder or Samsara connection, the product lets school bus fleets send advance warnings to approaching drivers through in-vehicle alerts.

Read More →
Four women participate in a council meeting around a wooden conference table, with one speaking while the others listen. Laptops, notebooks, and drinks sit on the table.
Safety•by News/Media Release•October 23, 2026

HopSkipDrive Reports Progress on Safety Advisory Council

More than a year after forming the council, independent safety experts have helped shape new rider-safety features and policy progress, with a new goal to address rider behavior.

Read More →
School Bus Fleet graphic showing students boarding a yellow school bus with the headline “Senate Recognized National School Bus Safety Month for 13th Year.”
Safety•by Elora Haynes•October 22, 2026

What the 2026 National School Bus Safety Month Resolution Means for Student Transportation

The bipartisan resolution highlights illegal school bus passing, student safety during loading and unloading, and the need for driver training and public education.

Read More →
Close-up of a stop-arm enforcement camera mounted on a yellow school bus, with the headline “When Enforcement Drives Safety” and the School Bus Fleet logo.
Safety•by Amanda Huggett•October 20, 2026

School Bus Stop-Arm Violations Decline 53% Across Verra Mobility Programs

Verra Mobility shares how school bus stop-arm cameras and school zone safety programs are changing driver behavior, reducing violations, and protecting students.

Read More →
Yellow school bus lying on its side after a rollover crash, with the headline “After the Crash” and subtitle “What to Do & What Matters Most,” alongside the School Bus Fleet logo.
Safety•October 20, 2026

Most Bus Crashes Aren’t Your Fault. Here’s How to Prove It.

A guide for what to do in between a school bus crash and a claim: what to preserve, who to notify, and how to keep the facts available when they matter.

Read More →
School Bus Fleet graphic showing a school bus safety inspection in the background, with the headline “2026 National School Bus Safety Week” in large orange and white lettering.
Safety•by Elora Haynes•October 19, 2026

National School Bus Safety Week 2026: Tips, Toolkits & Resources to Keep Students Safe

School bus safety takes more than awareness. Explore expert tips, enforcement strategies, and free resources to help protect students on every ride.

Read More →
Graphic showing a yellow school bus behind a shattered-glass effect with the text “Multi-Vehicle Crash in FL Takes 2 Lives” and the date October 5, 2026.
Safety•by Staff and News Reports•October 6, 2026

2 Killed, Dozens Injured in Florida School Bus Crash

A multi-vehicle collision caused a Polk County school bus carrying 37 students to overturn on its way to Winter Haven High School.

Read More →
Close-up of an extended red stop arm with flashing lights on the side of a yellow school bus.
Safety•by Elora Haynes•September 21, 2026

Illegal School Bus Passing Drops 24% in New York Districts

With fewer than 5% of citations involving repeat offenders, Westchester County officials said enforcement, education, and community partnerships are helping change driver behavior.

Read More →
Graphic showing a yellow school crossing sign and blurred school bus with the headline, “The Back-to-School Traffic Effect.”
Safety•by Amanda Huggett•September 18, 2026

School's Back. Here's What Happened to Traffic, Speeding & Distraction

What happens to traffic when school resumes? New data analysis examines changes in distracted driving, congestion, and speeding around schools.

Read More →
Geotab fleet safety platform showing driver coaching data and video of driving events alongside a Geotab vehicle camera.
Technology•by News/Media Release•September 17, 2026

Geotab Expands Fleet Safety Tools With Video Coaching, Risk Insights

New safety and video capabilities aim to help fleet managers assess risk, support drivers, and take targeted action through video coaching, red-light violation detection, and more.

Read More →