Drug and alcohol use by commercial truck drivers is extremely dangerous. It impairs a driver’s ability to focus, react quickly, and make sound decisions – significantly increasing the risk of a truck accident. Impaired drivers are also more likely to cause collisions that result in serious injuries or fatalities.
The FMCSA Drug & Alcohol Clearinghouse was established to identify drivers with drug and alcohol violations. The centralized database established in phase one currently has more than 175,000 CDL/CPL drivers with “prohibited” status. As phase two takes effect, many of those drivers will have their commercial driving privileges revoked.
What is the FMCSA Drug & Alcohol Clearinghouse-II regulation?
It’s a federal regulation that requires commercial drivers to undergo drug and alcohol testing and to have their testing results recorded in a centralized database. This database, known as the Clearinghouse, is used to track and report violations of the FMCSA’s drug and alcohol testing program.
Drivers with unresolved drug or alcohol violations may lose or be denied the use of their commercial driver’s license (CDL) or commercial learner’s permit (CLP).
When did this regulation take effect?
The FMCSA Drug & Alcohol Clearinghouse-II regulation was implemented in two phases:
- Phase 1 (January 6, 2020): The Clearinghouse became operational, serving as a centralized database to track drug and alcohol violations by commercial drivers (CDL/CPL holders). Employers were required to begin reporting violations.
- Phase 2 (November 18, 2024): This phase will require State Driver Licensing Agencies (SDLAs) to remove commercial driving privileges for drivers with unresolved violations, preventing them from driving until they complete the DOT return-to-duty process.
Can a trucker with drug or alcohol violations get their CDL back?
Drivers who lose their commercial driving privileges due to a drug or alcohol violation can regain them after completing the DOT return-to-duty (RTD) process. This process involves being evaluated by a Substance Abuse Professional (SAP), completing any required treatment or education, and passing a return-to-duty drug or alcohol test. Drivers will also undergo follow-up testing to ensure continued compliance. Once all steps of the RTD process are successfully completed, drivers can have their commercial driving privileges reinstated.
How can trucking companies prepare for the FMCSA Drug & Alcohol Clearinghouse-II?
To prepare for this federal regulation, companies should:
- Run regular queries in the Clearinghouse to identify CDL/CPL drivers with violations.
- Enroll drivers in the DOT’s drug and alcohol testing program, including pre-employment and random testing.
- Ensure compliance with the return-to-duty process for any drivers with violations.
- Monitor drivers’ motor vehicle records (MVRs) regularly to prevent surprises.
- Maintain detailed records of tests, queries, and driver consent forms to ensure compliance with FMCSA regulations.
Our truck accident lawyers can help if you’ve been injured
If you were injured or a loved one died in an accident involving a commercial vehicle, you need to act fast to protect your rights. An experienced truck accident attorney can thoroughly investigate the incident, gathering evidence such as the driver’s drug or alcohol test results and determine whether the trucking company complied with FMCSA regulations. A lawyer will also pursue compensation for the damages you suffered, including medical expenses, lost wages, pain, and suffering.
At Fried Goldberg LLC, more than 95% of our practice is focused on helping victims of truck and commercial vehicle accidents. Our attorneys have extensive knowledge of federal trucking regulations and can help you navigate the legal complexities of your case. We are dedicated to delivering maximum results for our clients and their families.
Learn more about how we can help with your potential legal case. Contact us today to schedule a free consultation.
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