Learn More: 6 Things You Need to Know About the New Drug and Alcohol Clearinghouse (2020)
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.

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
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

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 →
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 →
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 →
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 →
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 →
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 →
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 →
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 →
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 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 →
