On April 28, 2020, the U.S. Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration (FMCSA) published a notice of proposed rulemaking (NPRM), which seeks to prohibit State Driver’s Licensing Agencies (SDLAs) from issuing, renewing, upgrading, or transferring a commercial driver’s license (CDL) or commercial learner’s permit (CLP) for individuals prohibited from driving a commercial motor vehicle due to drug and alcohol program violations as identified by the FMCSA’s Clearinghouse. Seeking to establish how and when SDLAs would access and use driver-specific information from the Clearinghouse, the NPRM aims to ensure that drivers who violate drug and alcohol rules stay off the road until they complete the DOT return-to-duty process set forth at 49 CFR Part 40.
