A new rule designed to keep commercial drivers who fail required drug and alcohol tests off the road is a win for trucking safety, but there are still challenges ahead.
The Federal Motor Carrier Safety Administration’s final rule, published in the Federal Register on Oct. 7, establishes requirements for state driver’s licensing agencies to use information from the federal Drug and Alcohol Clearinghouse to deny or downgrade commercial driver’s licenses and learner’s permits for drivers with violations that mean they are prohibited from driving commercially. Compliance with the rule is required by Nov. 18, 2024.
“Everyone agrees that drug impaired truck drivers should be kept out of trucks and off our roadways, until they go through rehabilitation,” Lane Kidd, managing director of The Trucking Alliance, told HDT. “This final rule is a tremendous step to improve highway safety. For example, a state must now query the Drug and Alcohol Clearinghouse before renewing a commercial driver license, and additionally, FMCSA will notify a state whenever a driver fails a drug test, so the person’s license can be immediately downgraded.”
The Trucking Alliance, more formally the Alliance for Driver Safety & Security, is a safety coalition of freight and logistics companies and other business partners with the mission to advance safety reforms that can achieve zero large truck crash fatalities. It has advocated for the use of hair testing for drug use and expansion of the clearinghouse.
“The final loophole in the Drug and Alcohol Clearinghouse rule is closed, just as envisioned by industry and Congress. It is a good day for safety,” P. Sean Garney, co-director of Scopelitis Transportation Consulting, told HDT. “FMCSA’s decision to require mandatory downgrades for prohibited drivers, despite opposition from some state licensing agencies, was the right one for highway safety.”
Carriers using employer notification systems will be the big winners, Garney said. They will be directly notified if a driver’s licensing status changes. This reduces the potential safety gap, from what could be almost a year, to no more than two months.
“While this [rule] is an important win for trucking, it is not without challenges,” he noted. “Because it could take up to 60 days for the state to process the downgrade, it is conceivable, perhaps even likely, that a driver will complete the return-to-duty process but will have to wait on the state licensing agency to flip the switch to allow driving again. This will be particularly prevalent in states with driver notification requirements and may lead to fewer drivers returning to the industry (currently at 20% of drivers with a violation).”
The next big question, Garney said, is whether states will be able to build they technology systems they need to be compliant.
“Their track record isn’t great, but I’m hopeful they’ll see the obvious benefit and work to get systems in place early. They have been given three years to do it.”
Key Things to Know About the New Clearinghouse Rule
Garney outlined some of the key provisions of the new rule: