Heavy Duty Trucking Logo
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

Illustration of inside truck cab with dashcam on window, definition of research, and ATRI logo

ATRI Wants Motor Carriers for Driver-Facing Camera Study

In this new study, the American Transportation Research Institute will explore how driver-facing cameras can impact safety and operational metrics in trucking fleets.

Read More →
Man seated in front of computer with inset of insights generated for a truck driver

Netradyne Intelligence Uses New AI Agents to Automate Response to In-Cab Camera Data

The company called the next-generation in-cab camera safety platform "a fundamental shift from systems that report on what happened to systems that actively drive what should happen next."

Read More →
Maintenanceby Deborah LockridgeJune 15, 2026

Mack, Volvo Issue ‘Do Not Drive’ Recall on Possible Wheel-Offs

Owners will be sent advance notice not to operate their affected vehicles until the remedy is performed.

Read More →
Fleetworth-Lytx integration.

Fleetworthy Integrates Lytx Video Snapshots into Safety+ Platform

A new Fleetworthy-Lytx integration gives fleet managers access to video context alongside safety event data, streamlining driver coaching and incident review.

Read More →
Podcast thumbnail illustration
Fleet ManagementJune 4, 2026

How Waste Connections is Using Data, Telematics, and AI

How do you manage and maintain more than 18,000 connected trucks? Data. Lots of it.

Read More →
Fleet Advantage TRUST

Fleet Advantage: Top Logistics Fleets Outperform National Safety Benchmarks

Fleet Advantage's latest TRUST Safety Index found leading logistics fleets maintained significantly lower out-of-service rates and stronger safety scores than national averages, while highlighting persistent challenges related to tires, brakes, and unsafe driving behaviors.

Read More →
YouTube thumbnail showing Chuck Palmer illustration with refuse truck in background

Why Fleet Data Matters More Than Ever at Waste Connections [Watch]

Waste Connections' Chuck Palmer explains how telematics, predictive maintenance, safety analytics, and AI help keep vehicles on the road and drivers safe in this episode of HDT Talks Trucking.

Read More →
Thumbnail for podcast episode
Safety & ComplianceMay 28, 2026

Short Takes: How K&B is Using AI

Fleets need to "get on board the train" with AI, says Lance Evans of K&B Transportation in this HDT Talks Trucking Short Takes episode.

Read More →
Thumbnail for podcast episode
Safety & ComplianceMay 28, 2026

Short Takes: Inside K&B’s Truck Safety Tech

Listen to learn how K&B Transportation uses cellphone-blocking technology, speed management systems, weather geofencing, bridge avoidance tools, and more to improve driver safety.

Read More →
Illustration with caution graphic in background and photos of autonomous trucks
Safety & Complianceby Jack RobertsMay 27, 2026

The Biggest Gap in Driverless Trucking Isn’t Tech. It’s Safety Validation

Nauto’s Stefan Heck says autonomous trucks are advancing quickly but proving they’re safe enough for large-scale deployment may be the industry’s hardest challenge.

Read More →