The New Mexico Motor Vehicle Division (MVD) has started to implement new Drug & Alcohol Clearinghouse rules that include automatic CDL downgrades ahead of a federal November compliance deadline.
New Mexico “Among First States” To Implement FMCSA Clearinghouse Rules
On July 29, the New Mexico MVD announced that the agency is now checking the Federal Motor Carrier Safety Administration’s (FMCSA) Drug & Alcohol Clearinghouse for potential drug and alcohol violations before taking any action on commercial driver’s licenses (CDL).
“Drivers of commercial vehicles are critical to the nation’s economy, and it is equally critical that they operate in a safe manner. This is one more tool to make sure that is happening,” said New Mexico MVD Director Htet Gonzales.
As part of the state’s early Clearinghouse adoption, officials in New Mexico have started commercial license downgrades prior to the November 18, 2024, federal deadline, when the FMCSA will require all State Driver’s Licensing Agencies (SDLAs) to revoke commercial driving privileges from individuals who have a “prohibited” status in the agency’s Drug & Alcohol Clearinghouse.
New Mexico MVD has also begun checking the Drug & Alcohol Clearinghouse prior to issuing, renewing, transferring, or upgrading a CDL.
The New Mexico MVD explains how the license downgrades will work:
“When a violation is reported to the Clearinghouse, it automatically notifies the MVD that
the driver has a ‘prohibited’ status and the license is automatically downgraded to a
Class D, non-commercial license. The driver is notified of the downgrade by mail.
Similarly, if the driver completes the federal return to duty process after a violation and
it is reported to the Clearinghouse, the system generates a notice to the MVD, and the
commercial license is automatically reinstated.“
New Mexico MVD says that it is “among the first states” to implement the federal Clearinghouse rules, after Utah and Texas.
What Are The Drug & Alcohol Clearinghouse Rules?
The FMCSA’s Drug & Alcohol Clearinghouse is a federal database that contains information about CDL and commercial learner’s permit (CLP) holders who either fail or refuse to submit to required drug and alcohol testing.
CDL and CLP holders with drug and alcohol violations or test refusals are subject to license downgrades until they complete Return-To-Duty procedures under the second Final Rule (Clearinghouse-II) issued by the FMCSA in October 2021, which tightens requirements on SDLAs with regard to the Drug & Alcohol Clearinghouse.
The FMCSA’s first Drug & Alcohol Clearinghouse Final Rule went into effect January 6, 2020, requiring motor carriers to query the online database before hiring a driver and once per year for existing drivers. The rule is meant to give employers and law enforcement real-time access to a driver’s drug and alcohol violation records (including positive substance use tests and test refusals), and the FMCSA, CMV employers, State Driver Licensing Agencies, and law enforcement officials all have complete access to information in the Clearinghouse.
“As established in the first Clearinghouse Final Rule, drivers with a “prohibited” Clearinghouse status are prohibited from operating a commercial motor vehicle (CMV) on public roads. 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 FMCSA says.