DMVs Downgrading CDLs for Failure to Implement Return-to-Duty Process
The last thing your good safety record needs is a truck driver with a history of violations. That’s why, with any driver applicant, a motor carrier should check the motor vehicle record (MVR), look at the FMCSA Pre-Employment Screening Program (https://www.psp.fmcsa.dot.gov/psp/home), and, especially now, examine the driver’s status in the Drug and Alcohol Clearinghouse (https://clearinghouse.fmcsa.dot.gov/).
To avoid disruption to your business on November 18, there are other steps that should be taken.
As of November 18, FMCSA requires each state DMV to downgrade any CDL and CLP drivers listed In the Drug & Alcohol Clearinghouse “prohibited” status because of past drug and alcohol violations. “Prohibited” drivers are those who have not enrolled and completed the “return to duty” (RTD) process and, thus, cannot legally operate a truck.
Over 175,000 truck drivers, listed as “prohibited,” have not taken that step. It can take anywhere from a few weeks to a few years to complete the RTD process.
For fleet owners, some of those “prohibited” drivers may seek employment before their license is officially gone. But unless they are in the RTD program, they are prohibited from driving.
Several lawsuits were filed challenging the U.S. Department of Labor’s (DOL) independent contractor (IC) regulation enacted by the Biden Administration and the DOL’s Acting Labor Secretary Julie Su in early 2024.
The National Highway Traffic Safety Administration (NHTSA), in a Federal Register notice published April 1, denied a petition from the Institute for Safer Trucking (IST) requesting an investigation of collisions that van-type semi-trailers experience with passenger vehicles and other vulnerable road users.
ICSA representatives attended the TCA Truckload event, the preeminent event hosted by the Truckload Carriers Association, held in our hometown of Phoenix, AZ. We also attended the Mid-America Trucking Show (MATS), the largest trucking show in North America, held in Louisville, KY.