SchoolBus logo in red and orange
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.

More Safety & Compliance

Safety & Complianceby Deborah LockridgeSeptember 23, 2022

Hutcheson Confirmed as FMCSA Administrator

Robin Hutcheson is the first official FMCSA administrator in nearly three years, confirmed by the Senate on Sept. 22.

Read More →

Initiative to Develop 'Direct Vision' Ratings for Large-Vehicle Blind Spots

Currently, few commercial trucks available in the U.S. provide direct vision, the organization said, “despite estimates that one-quarter of the more than 500 pedestrian and bicyclist deaths each year that involve large trucks traveling at low speeds could be prevented by direct-vision cabs.”

Read More →

Norman Mineta, Former Transportation Secretary and Infrastructure Champion, Dies

Norman Mineta, the former U.S. Secretary of Transportation who was key in the formation of a Federal Motor Carrier Safety Administration, died May 3 at age 90.

Read More →
Safety & Complianceby Deborah LockridgeJanuary 19, 2022

New Chief Named for FMCSA

The U.S. Department of Transportation has named a new deputy administrator for the Federal Motor Carrier Safety Administration to replace the departing Meera Joshi.

Read More →
Safety & Complianceby Deborah LockridgeDecember 20, 2021

FMCSA Chief Joshi Leaving for NYC Deputy Mayor Job

The Federal Motor Carrier Safety Administration remains without a confirmed administrator with news that Deputy Administrator Meera Joshi is leaving the position to work for New York City's new mayor.

Read More →
Safety & ComplianceSeptember 30, 2021

How to Prepare for the New Entry-Level Driver Training Rule

New entry-level driver training requirements go into effect on Feb. 7, 2022. Motor carriers that provide CDL training need to prepare now.

Read More →
Fleet Managementby Vesna BrajkovicApril 14, 2021

Biden Taps Meera Joshi to Head FMCSA

Meera Joshi has served as the FMCSA’s acting administrator since January.

Read More →

NTSB’s ‘Most Wanted’ Covers Collision-Avoidance Systems, Distracted Driving

The National Transportation Safety Board’s top 10 safety recommendations include eliminating speeding-related crashes, requiring collision-avoidance on all vehicles, preventing drug-impaired driving and eliminating distracted driving.

Read More →
Safety & Complianceby StaffFebruary 17, 2021

FMCSA Extends COVID-19 CDL, Med Card Waiver

Drivers whose commercial licenses, learners' permits, or medical certification cards have expired during the pandemic got extended relief from the federal government on renewals.

Read More →
Safety & Complianceby Deborah LockridgeJanuary 25, 2021

Biden Administration Names FMCSA Deputy Administrator

A new deputy administrator for the Federal Motor Carrier Safety Administration was among those the Biden administration announced in key leadership roles at the Department of Transportation.

Read More →