FMCSA-D&A-CLEAR-382.725-FAQ002(2022-01-28)

Part 382 – Controlled Substances and Alcohol Use and Testing

Clearinghouse FAQ

Question: In addition to the SDLA requirements, does the October 2021 final rule have other impacts on the States?

Guidance: The October 2021 final rule (86 FR 55718) amends 49 CFR part 392 by prohibiting CLP or CDL holders from operating a commercial motor vehicle, as defined in 49 CFR 390.5T, if they are subject to the CMV driving prohibition in 49 CFR 382.501(a). No later than November 18, 2024, States receiving Motor Carrier Safety Assistance Program (MCSAP) grant funds must adopt and enforce a CMV driving prohibition, comparable to 49 CFR 392.15, for CLP and CDL holders who are barred from operating a CMV due to a drug and alcohol program violation.

FMCSA Drug and Alcohol Clearinghouse, 1-844-955-0207

Regulatory Topic: Clearinghouse FAQ

Published Date:  January 28, 2022

Issued Date:  January 28, 2022
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Note: This guidance document does not have the force and effect of law and is not meant to bind the public in any way.  It is intended only to provide information and clarity regarding existing requirements under the law or agency policies.