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Independent Contractor<br />
News<br />
FMCSA’s proposed rules crack<br />
down on drug and alcohol<br />
violations, ask for ‘CMV<br />
driving ban’ for offenders<br />
Under new rules proposed by the Federal<br />
Motor Carrier Safety Administration (FMCSA),<br />
state driver’s licensing agencies (SDLAs) would<br />
be prohibited from issuing, renewing, upgrading<br />
or transferring a commercial driver’s license<br />
(CDL) or learner’s permit (CPL) for drivers who<br />
have been barred from operating a commercial<br />
motor vehicle (CMV) due to drug or alcohol<br />
violations.<br />
The proposal is designed to provide real-time<br />
information from the Drug & Alcohol Clearinghouse<br />
to SDLAs to keep drivers with drug or<br />
alcohol offenses off the road until they comply<br />
with return-to-duty requirements.<br />
The notice of proposed rulemaking (NPRM),<br />
posted April 28, calls for SDLAs to check commercial<br />
license applicants’ status in the Clearinghouse;<br />
if the results show a driver is prohibited<br />
from operating a CMV, the agency<br />
would be required to deny licensing.<br />
Affected drivers could re-apply for<br />
licensing after completing return-toduty<br />
requirements. The notice also<br />
outlines how state licensing agencies<br />
would use Clearinghouse information<br />
to help enforce CMV driving<br />
prohibitions.<br />
As an alternative, FMCSA proposes<br />
that SDLAs receive “push”<br />
notifications from the Drug & Alcohol<br />
Clearinghouse indicating when<br />
drivers licensed within the state are<br />
prohibited from operating a CMV.<br />
“Currently, most states are not<br />
aware when a CDL holder licensed<br />
in their state is prohibited from<br />
driving a CMV due to an alcohol<br />
or drug testing violation,” the proposal<br />
notes. “Consequently, there<br />
is no federal requirement that SD-<br />
LAs take any action on the license<br />
of drivers subject to that prohibition. As a result,<br />
a driver can continue to hold a valid CLP<br />
or CDL, even while prohibited from operating<br />
a CMV under FMCSA’s drug and alcohol<br />
regulations.”<br />
This alternative proposes a licensing downgrade<br />
to align a driver’s licensing status with<br />
his or her current CMV driving status, closing<br />
a current loophole in regulations. To achieve the<br />
mandatory downgrade, SDLAs would change<br />
CDL and CLP holders’ commercial status from<br />
“licensed” to “eligible.”<br />
FMCSA’s proposal also addresses operational<br />
questions and legal considerations identified<br />
by SDLAs, both individually and through the<br />
American Association of Motor Vehicle Administrators.<br />
FMCSA will accept public comments through<br />
June 29. When submitting comments, refer to<br />
Docket No. FMCSA- FMCSA-2017-0330 and<br />
indicate the specific section of the document to<br />
which each comment applies; also note a reason<br />
for each recommendation. Comments may be<br />
submitted via fax, mail or hand delivery, or at<br />
federalregister.gov.<br />
iStock Photo<br />
A proposal by the FMCSA could result in<br />
state driver’s licensing agencies receiving<br />
“push” notifications from the Drug &<br />
Alcohol Clearinghouse indicating when CDL<br />
holders have been prohibited from operating<br />
commercial vehicles.<br />
14 Independent Contractor 2020 Hundreds of Jobs www.TheTrucker.com/jobs
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