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Upcoming Changes to FMCSA Regulations & Portal

Dec. 1 2023 Safety By McCandless Idealease

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There are upcoming changes to FMCSA regulations and portal, read below to stay informed on all the changes that are coming up. Read the full safety bulletin here and subscribe to receive all safety bulletins directly to your mailbox.

CDL Drivers in a "prohibited" status in the Clearinghouse will lose their commercial driving privileges.

The second Clearinghouse final rule (Clearinghouse-II) compliance date—November 18, 2024— is less than a year away. As part of these new Federal requirements, CDL drivers with open violations in FMCSA's Drug and Alcohol Clearinghouse will soon lose their commercial driving privileges.

FMCSA added frequently asked questions on the Clearinghouse website to help CDL drivers understand the new regulations and what actions they can take to retain or reinstate their commercial driving privileges.


How will the second Drug and Alcohol Clearinghouse final rule (Clearinghouse-II) affect CDL drivers?

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 beginning 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.

Beginning November 18, 2024, having a "prohibited" Clearinghouse status will result in losing or being denied a CDL or CLP.

Note: SDLAs with a legislative authority currently can query the Clearinghouse and downgrade CDLs for prohibited drivers voluntarily and may do so before the November 18, 2024 compliance date.


How will the second Drug and Alcohol Clearinghouse final rule (Clearinghouse-II) improve safety on our Nation's roads?

The requirement to downgrade commercial driver's licenses (CDLs) of drivers in a "prohibited" Clearinghouse status rests on the 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.


My commercial driver's license (CDL) was downgraded due to my "prohibited" Clearinghouse status. How can I get my commercial driving privileges reinstated?

To have your Clearinghouse status change from "prohibited" to "not prohibited," 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.

LEARN MORE ABOUT CLEARINGHOUSE-II AND CDL DOWNGRADES


Questions?

If you have additional questions about the Clearinghouse-II requirements, browse the Clearinghouse website or visit the Clearinghouse Learning Center.

If these materials do not cover your question, contact the Clearinghouse Team.


 FMCSA Portal Users

You must act now to maintain access if you have or use an FMCSA Portal account.

How you log on to the FMCSA Portal is changing. FMCSA is making access more secure by implementing multifactor authentication. As of January 1, User ID and Passwords will no longer be used to access the FMCSA Portal.

You will access the FMCSA Portal through a Login.gov account instead of using your current FMCSA Portal username and password.

 (U.S. Department of Transportation users should refer to the internal email notifications for specific instructions on creating accounts and logging in via government-issued PIV cards.)

What actions do you need to take now?

To ensure continued access to the FMCSA Portal, you must set up a Login.gov account. Please follow the attached step-by-step directions, which can also be found on the FMCSA website, to establish your account.

Don't delay – set up your Login.gov account now for immediate access to the FMCSA Portal, which is easier and more secure. Once you have created your Login.gov account, instead of entering a User ID and Password, click the "Sign In With Login.gov" link and follow the attached instructions to log in.


Have questions or need help setting up your Login.gov account?

What is Multifactor Authentication?

Multifactor Authentication is a method to verify your identity requiring two or more pieces of evidence (factors). These factors can be something you know (like a password), something you have (like an access card), or something you are (like facial recognition or fingerprint).

Why is FMCSA implementing Multifactor Authentication?

The Federal Cybersecurity plan under White House Executive Order 14028, Improving the Nation's Cybersecurity, and Office of Budget Memorandum M-22-09, Moving the U.S. Government Toward Zero Trust Cybersecurity Principles (Federal Zero Trust Strategy) requires all Federal agencies to adopt secure MFA to enhance information security by December 31, 2023.


cargo securement


Why does cargo theft spike during the holiday season?

  • Increased Volume: The holiday season witnesses a surge in online and in-store shopping, resulting in more goods in transit. The larger volume of cargo on the road becomes a prime target for criminals looking to make a quick profit.
  • High-Value Goods: Many warehouses and distribution facilities have an influx of inventory because retailers are stocking up on high-value items such as electronics, jewelry, and luxury goods to meet consumer demand. This makes cargo theft even more appealing to criminals.
  • Overloaded Schedules: With the rush to fulfill orders and meet delivery deadlines, supply chain operations are often stretched to their limits. This time-sensitive pressure can lead to lapses in security measures, making it easier for thieves to strike.
  • Longer Transportation Routes: With online shopping booming, goods often travel longer distances, providing more opportunities for theft. The longer a shipment is on the road, the more vulnerable it becomes.

 How can you mitigate the risks? Here's your checklist:

  • Amp Up Security Measures: Employ advanced security systems, such as GPS tracking, alarms, and surveillance cameras, to monitor shipments in real-time. Visible security measures – including a 10-foot-tall electric fence, can act as a deterrent to potential thieves.
  • Driver Training: Train drivers to be vigilant and cautious while on the road. Encourage them to follow secure routes, avoid making unnecessary stops, and be aware of their surroundings.
  • Secure Parking: Encourage drivers to park in secure, well-lit areas and invest in secure parking facilities. Thieves are less likely to target vehicles in such environments.
  • Collaborate with Law Enforcement: Foster relationships with local law enforcement agencies. Reporting cargo theft promptly and providing information can help authorities stop theft.
  • Employee Training: Ensure that all employees understand the risks of cargo theft and the importance of maintaining security measures, from warehouse workers to managers.