Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

FMCSA Wants to Clarify How States Will Use Drug and Alcohol Clearinghouse

The Federal Motor Carrier Safety Administration has issued a proposed rule to clarify the role of state driver’s licensing agencies in closing a loophole in the federal drug- and alcohol-testing system for truck drivers.

Deborah Lockridge
Deborah LockridgeEditor and Associate Publisher
Read Deborah's Posts
April 27, 2020
FMCSA Wants to Clarify How States Will Use Drug and Alcohol Clearinghouse

Supporters of the recently launched drug and alcohol clearinghouse hope it will help prevent crashes like this one, when an Amtrak train carrying Republican congressional members hit a refuse truck stopped on a crossing. The National Transportation Safety Board determined the driver was impaired from the combined effects of marijuana and gabapentin.

Photo: NTSB

4 min to read


The Federal Motor Carrier Safety Administration has issued a proposed rule to clarify the role of state driver’s licensing agencies in closing a loophole in the federal drug- and alcohol-testing system for truck drivers.

The federal Drug and Alcohol Clearinghouse that went into effect in January is an electronic database that tracks commercial driver’s license holders who have tested positive for prohibited drug or alcohol use, as well as refusals to take required drug tests, and other drug and alcohol violations. When a driver who has been found to be in violation completes the required return-to-duty process, this information will also be recorded in the clearinghouse.

Ad Loading...

The clearinghouse has long been sought as a way to keep commercial drivers who have violated federal drug and alcohol rules from lying about those results and simply getting a job with another motor carrier.

Read HDT's award-winning in-depth 2019 series, Trucking Under the Influence

But “until state licensing agencies begin denying commercial driving credentials to drivers ineligible to operate commercial motor vehicles based on drug and alcohol program violations, drivers will continue, at least temporarily, to be able to evade the consequences of their actions,” explained P. Sean Garney, vice president at Scopelitis Transportation Consulting.

While the final clearinghouse rule did require that state licensing agencies check the clearinghouse prior to renewing or issuing a CDL, the rule did not otherwise address the states’ use of clearinghouse information for drivers licensed, or seeking to become licensed, in their states.

Ad Loading...

In addition, in December, FMCSA announced it was delaying clearinghouse compliance for states. In a widely expected move, it extended the compliance date from Jan. 6, 2020, to Jan. 6, 2023, for when state driver licensing agencies must request information from the clearinghouse before they complete certain commercial driver’s license transactions. The move appeared to be largely in response to concerns about states being able to get the IT infrastructure in place to electronically request and receive clearinghouse information.

How Will States Use Drug-Testing Clearinghouse Information?

Now, FMCSA is proposing rules with more detail on how and when state driver licensing agencies would access and use driver-specific information in the clearinghouse as part of a state’s CDL licensing and renewal processes.

In fact, this proposal responds to several operational and legal questions raised by the states since the original clearinghouse rule was published, noted Dave Osiecki, president and CEO of  Scopelitis Transportation Consulting.

In a notice published in the Federal Register on April 28, the agency proposed a regulation that would prohibit state driver’s licensing agencies from issuing, renewing, upgrading, or transferring a commercial driver’s license or commercial learner’s permit for individuals prohibited under current regulations from driving a commercial motor vehicle due to drug and alcohol program violations. The CMV driving ban is intended to keep these drivers off the road until they comply with return-to-duty requirements.

FMCSA also said it is seeking comment on additional ways that licensing agencies would use information from the Drug and Alcohol Clearinghouse to increase compliance with the CMV driving prohibition.

Ad Loading...

In addition, the proposal would revise how “reports of actual knowledge violations,” based on a citation for driving under the influence in a commercial motor vehicle, would be maintained in the Clearinghouse.

'Self-Enforcing' CMV Driving Prohibition

As the NPRM explained, “In effect, the CMV driving prohibition has been largely self-enforcing; FMCSA relies primarily on drivers themselves, and their employers, to comply.”

That’s because before the clearinghouse was established, FMCSA didn’t have real-time access to drug and alcohol program violations of CDL holders.

Now, based on violations reported to the clearinghouse, FMCSA can provide state enforcement personnel real-time notice of a driver’s prohibited driving status. “However, the information gap still exists with regard to the SDLAs. This NPRM would establish how, and when, SDLAs would access and use driver-specific information from the Clearinghouse to keep CMV drivers who violate drug and alcohol use testing rules off the road until they complete [return-to-duty] requirements.”

“Interestingly, in addition to clarifying state access to the clearinghouse, FMCSA is also proposing to ‘push’ notifications from the clearinghouse to the SDLAs when a driver is prohibited from operating (based on drug or alcohol violations reported to the clearinghouse),” Osiecki noted.

Ad Loading...

“There’s also a relatively small change proposed for employers and drivers…that is, a proposed change on the retention of certain DUI-related information reported to the clearinghouse by an employer under the ‘actual knowledge’ reporting requirement.”

Osiecki emphasized that at this point, this is just a proposal – nothing with the Clearinghouse is changing right now. “FMCSA is simply seeking input on a number of proposed changes.”

More Safety & Compliance

Winter pileup accidents.
Disaster Responseby Jack RobertsApril 30, 2026

Avoiding Winter Pileups: Don’t Become the Next Link in the Crash-Chain

Winter roadway “pileups” aren’t one crash — they’re a chain reaction. Here’s what triggers them, how truck drivers can spot the danger early, and what to do if you're suddenly trapped in the mess.

Read More →
Mobile tablet showing Motus screen against highway background with Motus logo

FMCSA’s Motus System Is Coming. What Fleets Need to Know Now

The long-awaited registration system promises a single portal — and tighter fraud controls.

Read More →
Graphic with light bulbs, HDT Truck Fleet Innovators logo, and the word Nominations
Fleet ManagementApril 24, 2026

Nominations Open for HDT Truck Fleet Innovators 2026

Heavy Duty Trucking is searching for forward-looking leaders at trucking fleets as nominations for HDT’s Truck Fleet Innovators 2026. Deadline is May 15.

Read More →
Ad Loading...
Detroit ABA6 safety system.

Freightliner Expands Detroit Assurance with New Intersection and Turning Safety Tech

Detroit’s next-generation ABA6 safety system adds cross-traffic detection and enhanced side guard assist with left-turn protection, targeting high-risk urban scenarios.

Read More →
Illustration with ATRI logo and square blocks spelling out "research"
Fleet Managementby Deborah LockridgeApril 20, 2026

'Beyond Compliance,' Regulations, Driver Coaching on ATRI’s 2026 Research List

The American Transportation Research Institute will examine driver coaching, regulatory impacts — including the "Beyond Compliance" concept —and weather disruptions that shape trucking operations.

Read More →
Illustration of colorful map of United States with DataQs website screen superimposed

FMCSA Revamps DataQs to Improve Fairness, Speed of Reviews

New requirements add firm deadlines and independent review steps, addressing long-standing complaints about inconsistent rulings and slow response times.

Read More →
Ad Loading...
Illustration of driver medical exam paperwork over duotone background of a blood pressure check

FMCSA Extends Paper Medical Card Exemption … Again

Five states still aren't ready to accept commercial driver medical exam information directly from the medical examiner's registry.

Read More →
Collage of Top 20 Product award ceremonies
EquipmentMarch 31, 2026

HDT Honors the Best New Products of 2025 at TMC [Photos]

Heavy Duty Trucking's Top 20 Products awards recognize the best new products and technologies. Check out the award presentations at the 2026 Technology & Maintenance Council annual meeting.

Read More →
freightliner whitepaper
SponsoredMarch 31, 2026

Detroit Engines: Trusted Performance, Built for What's Next

The Detroit® Gen 6 engine platform proves that real progress doesn’t require a complete redesign. Built on 20 years of trusted technology, these engines are designed for efficiency, stronger performance, and greater reliability than before. And they do it all while complying with 2027 EPA standards on every mile.

Read More →
Ad Loading...
Aperia HALO front steer axle.
Safety & Complianceby Jack RobertsMarch 18, 2026

Aperia Expands Halo Platform with Steer-Tire Inflation System, Fifth-Wheel Integration

Aperia Technologies introduced a new automatic tire inflation system for steer axles and a partnership with Fontaine Fifth Wheel to integrate coupling status into its Halo Connect platform.

Read More →