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DOT/FMCSA | RIN: 2126-AC11 | Publication ID: Fall 2018 |
Title: Controlled Substances and Alcohol Testing: State Driver's Licensing Agency Downgrade of Commercial Driver's License(Section 610 Review) | |
Abstract:
The Commercial Driver's License Drug and Alcohol Clearinghouse (Clearinghouse) final rule (81 Fed. Reg. 87686 (December 5, 2016) requires State Driver's Licensing Agencies (SDLAs) to check the Clearinghouse before issuing, renewing, transferring, or upgrading a commercial driver's license (CDL) to determine whether the driver is qualified to operate a commercial motor vehicle. FMCSA proposes to require State Driver's Licensing Agencies (SDLAs) to remove the commercial learner's permit (CLP) or commercial driver's license (CDL) privilege from the driver license of individuals who, under current regulations, are prohibited from operating a commercial motor vehicle (CMV) due to controlled substance (drug) and alcohol program violations. At a minimum, States would be required to downgrade the driver's license by changing the commercial status from "licensed" to "eligible" on the CDLIS driver record. Under the proposed rule, States could not restore the CLP or CDL privilege to the license until the driver completes the return-to-duty (RTD) requirements that would allow the resumption of safety-sensitive functions, such as operating a CMV. SDLAs would rely on applicable State law and procedures to accomplish the downgrade and any subsequent reinstatement of the CLP or CDL privilege. In addition, under this proposal, SDLAs could not issue, renew, upgrade, or transfer the CDL, or issue, renew, or upgrade the CLP, of any driver who is prohibited from operating a CMV due to drug and alcohol program violations. This Notice of Proposed Rulemaking (NPRM) will improve roadway safety by helping to ensure that CLP and CDL holders who engage in prohibited drug or alcohol-related conduct complete the necessary RTD requirements before resuming operation of a CMV on public roads. This NPRM does not propose any other changes to the Clearinghouse final rule, nor does it propose any changes to the drug and alcohol testing requirements in part 382 and part 40. |
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Agency: Department of Transportation(DOT) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Fully or Partially Exempt | |
RFA Section 610 Review: Section 610 Review | |
CFR Citation: 49 CFR 383 49 CFR 384 49 CFR 382 | |
Legal Authority: 49 U.S.C. 31136 (a) 49 U.S.C. 31305 (a) |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, State |
Small Entities Affected: No | Federalism: Yes |
Included in the Regulatory Plan: No | |
RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: Yes | |
Related RINs: Related to 2126-AB18 | |
Agency Contact: Juan Moya Department of Transportation Federal Motor Carrier Safety Administration 1200 New Jersey Avenue SE, Washington, DC 20590 Phone:202 366-4844 Email: juan.moya@dot.gov |