New Mexico begins automatic CDL downgrades ahead of November federal deadline

The New Mexico Motor Vehicle Division (MVD) has begun implementing new Drug & Alcohol Clearinghouse rules, including automatic CDL downgrades ahead of the federal compliance deadline in November.

New Mexico is one of the first states to implement the 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 law violations before taking action on commercial driver’s licenses (CDLs).

“Commercial vehicle drivers are critical to the nation’s economy, and it’s equally critical that they operate safely. This is one more tool to help ensure that happens,” said New Mexico MVD Director Htet Gonzales.

As part of the state’s early implementation of the Clearinghouse, officials in New Mexico have begun revoking commercial driver’s licenses ahead of the federal deadline of Nov. 18, 2024, when the FMCSA will require all State Driver’s Licensing Agencies (SDLAs) to revoke commercial driving privileges of 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 reductions will work:

“When a violation is reported to the Clearinghouse, the MVD is automatically notified that
the driver has a ‘prohibited’ status and the driving license is automatically reverted to a
Class D, non-commercial driver’s license. The driver will be 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 message to the MVD and the
commercial license automatically restored.“

New Mexico MVD says it is “one of the first states” to implement the federal Clearinghouse rules, following Utah and Texas.

What are the rules of the Drug & Alcohol Clearinghouse?

The FMCSA Drug & Alcohol Clearinghouse is a federal database that contains information about CDL and commercial learner’s permit (CLP) holders who refuse or fail to submit to required drug and alcohol testing.

CDL and CLP holders with drug and alcohol law violations or refusals to submit to testing may have their licenses suspended until they complete Return-To-Duty procedures under the second Final Rule (Clearinghouse-II) issued by the FMCSA in October 2021. This rule tightens requirements for SDLAs related to the Drug & Alcohol Clearinghouse.

The FMCSA’s first Drug & Alcohol Clearinghouse Final Rule went into effect on January 6, 2020, and requires motor carriers to consult the online database before hiring a driver and once per year for existing drivers. The rule is designed to give employers and law enforcement real-time access to a driver’s drug and alcohol violation records (including positive tests for substance use and test refusals), and the FMCSA, CMV employers, state driver licensing agencies, and law enforcement all have full 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 a public roadway. The second Clearinghouse Final Rule (Clearinghouse-II) further supports this by ensuring that drivers with a “prohibited” Clearinghouse status will no longer hold a commercial driver’s license (CDL) or commercial learner’s permit (CLP),” the FMCSA said.

As many as 171,000 CDL holders could face a suspension of their licenses in November if they fail to complete the return-to-duty process.