Yes. As of November 18, 2024, 49 CFR 383.73(a)(8), (b)10), (c)(10), (d)(9), (e)(8), and (f)(4) requires SDLAs to query the Clearinghouse before issuing, renewing, or upgrading a CLP, issuing an initial CDL, issuing a non-domiciled CLP or CDL, as well as before CDL transfers, renewals, and upgrades. Removing a restriction that would have the effect of expanding the driver’s ability to operate a CMV (e.g., removing an airbrake or intrastate-only restriction) is, in effect, an upgrade under § 383.73(e)(8). SDLAs are required to request information from the Clearinghouse because the driver may be prohibited from operating a CMV at the time the SDLA processes the upgrade. If, in response to the SDLA’s request to the Clearinghouse, the SDLA receives notification that the applicant is prohibited from operating a CMV, the SDLA must not complete the upgrade and must initiate a downgrade in accordance with § 383.73(q).

With regard to issuing duplicate CLPs and CDLs, FMCSA interprets the Clearinghouse query requirements in § 383.73(a)(8), (b)(10), (c)(10), (d)(9), (e)(8), and (f)(4) to include the State’s issuance of a duplicate of a CLP or CDL that was previously issued, renewed, transferred, or upgraded under these regulatory provisions. Duplicate CLPs and CDLs, which are generally issued if drivers lose the original credential or if it is damaged or destroyed, contain information largely identical to the originally issued license (e.g., contain the same expiration date). Just as States are required to request information from the Clearinghouse before completing an initial transaction under § 383.73(a)(8), (b)(10), (c)(10), (d)(9), (e)(8), and (f)(4), States are also required to request information from the Clearinghouse when replicating those transactions to issue a duplicate credential.

The American Association for Motor Vehicle Administrators (AAMVA) provides additional information about standard administrative practices for SDLAs regarding record checks during licensing transactions in the CDLIS State Procedures Manual, Version c.0, Section 7.2.1.

The requirement to downgrade commercial driver’s license (CDLs) of drivers in a “prohibited” Clearinghouse status rests on the simple but safety-critical premise that drivers who cannot lawfully operate a commercial motor vehicle (CMV) because they engaged in prohibited use of drugs or alcohol or refused a drug or alcohol test should not hold a valid CDL or commercial learner’s permit (CLP). The Clearinghouse II final rule (86 FR 55718) supports FMCSA’s goal of ensuring that only qualified drivers are eligible to receive and retain a CDL, thereby reducing the number and severity of CMV crashes.

As established in the first Clearinghouse final rule (81 FR 87686), drivers with a “prohibited” Clearinghouse status are prohibited from operating a commercial motor vehicle (CMV). The second Clearinghouse final rule (Clearinghouse II) further supports this by ensuring that drivers with a “prohibited” Clearinghouse status do not continue to hold a commercial driver’s license (CDL) or commercial learner’s permit (CLP).

The Clearinghouse II final rule (86 FR 55718) requires that, as of November 18, 2024, State Driver Licensing Agencies (SDLAs) must remove the commercial driving privileges from the driver's license of an individual subject to the CMV driving prohibition. This would result in a downgrade of the license until the driver completes the return-to-duty (RTD) process.

This means that, as of November 18, 2024, having a “prohibited” Clearinghouse status will result in losing or being denied a CDL or CLP.

On October 7, 2021, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule establishing requirements for SDLA’s access to and use of driver-specific drug and alcohol program violation information contained in the Drug and Alcohol Clearinghouse (86 FR 55718).

This final rule requires that:

• SDLAs must not issue, renew, upgrade, or transfer a commercial driver's license (CDL), or commercial learner's permit (CLP), as applicable, for any individual prohibited under FMCSA's regulations from performing safety-sensitive functions, including driving a commercial motor vehicle (CMV), due to one or more drug and alcohol program violations.
• SDLAs must, upon receipt of notification that a driver is prohibited from operating a CMV due to a drug and alcohol program violation, initiate the downgrade process to remove the CLP or CDL privilege from the driver's license within 60 days.
• Drivers completing the return-to-duty process before the downgrade process is completed would no longer be prohibited from operating a CMV and thus would no longer be subject to a downgrade.

SDLAs have until November 18, 2024 (compliance date) to comply with these requirements. In addition, FMCSA extends the compliance date for the requirement that SDLAs query the Clearinghouse prior to issuing, renewing, upgrading, or transferring a CDL from January 6, 2023 to November 18, 2024. SDLAs currently have the option to voluntarily query the Clearinghouse and may do so before the compliance date.

The first step is to have your Clearinghouse status change from “prohibited” to “not prohibited.” To do this, you must complete the return-to-duty (RTD) process, as established by 49 CFR part 40, subpart O. After you complete the RTD process and your Clearinghouse status is updated to “not prohibited,” your State Driver Licensing Agency (SDLA) will allow you to reinstate your commercial driving privileges.

FMCSA has created a resource that outlines the steps drivers take to complete their RTD process: download the Return-to-Duty Quick Reference Guide. For more information about the RTD process, visit the Clearinghouse Learning Center.