CDL Downgrades: What Commercial Drivers Need to Know for November 2024

Starting November 18, 2024, significant changes are coming for Commercial Driver’s Licenses (CDLs) and Commercial Learner’s Permits (CLPs). These changes, mandated by federal law, aim to enhance road safety and ensure compliance with the Drug & Alcohol Clearinghouse. This blog will break down what’s happening, how it impacts drivers, and what steps you need to take to stay compliant.

What’s Changing?

Effective November 2024, all states must automatically downgrade CDLs and CLPs for drivers who are in the Clearinghouse’s “prohibited” status. This means:

1. If a driver has a violation that puts them in the "prohibited" category, their CDL or CLP will be downgraded, rendering them unable to operate a commercial vehicle.
2. ‍State agencies will no longer issue new commercial licenses to drivers with a “prohibited” status.

The Clearinghouse Rule

The Clearinghouse-II final rule requires State Driver Licensing Agencies (SDLAs) to take action. Starting November 18, 2024, SDLAs must:

1. Remove commercial driving privileges from a driver’s license if the driver is subject to a CMV (Commercial Motor Vehicle) driving prohibition.
2. This means drivers with violations will lose their CDL and won’t be able to drive a commercial vehicle until they complete the Substance Abuse Professional (SAP) return-to-duty process.

Impact on Drivers

Currently, drivers with a violation still physically possess their CDL but can’t legally use it. After November 18, a violation will result in:

1. The physical and legal loss of the CDL, making it impossible to operate a commercial vehicle.
2. Drivers will no longer be able to "state hop" to obtain a new CDL as all states will have access to the Clearinghouse.

Serious Penalties

Operating a Commercial Motor Vehicle without a valid CDL will lead to severe penalties. Employers must keep a photocopy of the CDL for each driver, but without a valid CDL, drivers won’t be able to work.

Getting the CDL Back

To regain a CDL, drivers must:

1. Complete the SAP return-to-duty process.
2. The Clearinghouse will notify the State Driver Licensing Agency (SDLA) upon completion.
3. The driver can then apply for a new CDL.

Steps for CDL Holders Before November Changes

1. Check Your Status in the Drug & Alcohol Clearinghouse.

• Log in to the Clearinghouse using your account.
• Verify your status. If you’re “prohibited,” your commercial driving privileges may be affected.

2. Downgrade Your License (If Necessary)

• Within 60 days of notification from the FMCSA, your state must downgrade your CDL or CLP privileges.
• You’ll be notified of the downgrade if required by state law.

3. Prepare for Clearinghouse-II Compliance

• Ensure your state has enacted legislation to enforce Clearinghouse requirements.
• Connect to the Clearinghouse using one of the following options:
  • Direct connection (choose query and notification methods).
  • Apply for Commercial Driver’s License Program Improvement (CDLPI) grant funding if needed for system upgrades.
  • Review the SDLA Compliance Factsheet for details.

Conclusion

CDL downgrades can cause significant hassles to your employment, but understanding the upcoming changes and taking proactive steps can help you stay compliant and keep your career on track. For further assistance, consult your state’s licensing agency or visit the FMCSA website for additional resources.

If you’re facing CDL downgrades due to violations, don’t wait to take action. Our Substance Abuse Professional (SAP) return-to-duty program can help you regain your CDL and get back on the road quickly and safely. Contact us today to learn more about our comprehensive SAP services and start your journey towards full compliance and recovery.