The 5-Year Rule directly affects CDL holders, particularly those with drug and alcohol violations. Here’s how:
1. Violation Visibility
If you are a CDL driver with a recorded violation, it’s important to understand that this record will remain in the Clearinghouse. Unless you successfully complete the RTD process, your prohibited status will persist, preventing you from performing safety-sensitive duties.
2. Return-to-Duty Requirements
To resume driving, you must follow the RTD process, which includes:
- Evaluating treatment or counseling recommendations by a Substance Abuse Professional (SAP)
- Completing follow-up drug or alcohol tests as mandated by the SAP
Completion of these requirements will update your Clearinghouse status from “Prohibited” to “Not Prohibited,” allowing you to regain CMV operation privileges.
Explore more about the RTD process here.
3. State-Level CDL Downgrades
Starting November 18, 2024, State Driver Licensing Agencies (SDLAs) are required to downgrade CDL and commercial learner’s permit (CLP) privileges for drivers in “Prohibited” Clearinghouse status. This ensures CDL drivers who fail to meet compliance standards cannot bypass federal regulations by operating in non-compliant states.
For more on SDLA changes, read the FMCSA’s Clearinghouse Phase II information.
Employer Responsibilities Under the 5-Year RuleRule
Employers in the trucking and logistics industry bear significant responsibility under this RuleRule. Here’s what you need to know:
1. Pre-Hiring Queries
Before hiring a CDL driver, employers must query the Clearinghouse to confirm that the individual is not prohibited from operating a CMV. Failure to conduct a proper query could result in fines, legal penalties, and reputational damage.
2. Annual Compliance Checks
Employers are required to conduct annual limited queries on their current drivers. If any driver’s record shows a change (e.g., “Prohibited” status due to a new violation), the employer must obtain their consent to conduct a full query for further details.
3. Retain Query Records
All queries performed must be documented and retained for inspection by FMCSA. Employers are not required to store these records manually, as the Clearinghouse retains a history of every query conducted. However, keeping backup records is considered a best practice.
Learn how to manage Clearinghouse compliance here.
How to Stay Compliant with the 5-Year RuleRule
Avoiding penalties and maintaining safety compliance are top priorities for both employers and CDL drivers. Here are some best practices:
For CDL Drivers
- Register in the Clearinghouse to monitor your record and address any violations promptly.
- Complete the RTD process immediately after a violation to avoid extended prohibition periods.
- Keep your contact information up-to-date in the Clearinghouse so you receive timely notifications.
For Employers
- Conduct queries during pre-employment, annually, or upon receiving notification of changes to a driver’s record.
- Use best-in-class compliance software, like Foley Services or Trucksafe, to streamline the Clearinghouse process and avoid manual errors.
- Train HR teams and compliance officers on Clearinghouse requirements, including understanding the 5-Year RuleRule.
Why the 5-Year Rule Matters for the Future of Transportation
The Clearinghouse 5-Year Rule represents a significant step forward in promoting safer roadways and ensuring compliance in the transportation industry. By maintaining and enforcing violation records, the FMCSA protects employers, drivers, and the public from the risks posed by non-compliant CMV operators.
Employers and drivers who familiarize themselves with the intricacies of the 5-Year RuleRule are better positioned to succeed in today’s more regulated trucking environment. Whether you’re focused on hiring top talent or returning to duty after a violation, staying informed and proactive is key.
For more insights on compliance and industry updates, visit the FMCSA website.
Reference Article
What is the Clearinghouse 5-Year Rule?