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CDL Downgrade

New FMCSA Rule Mandates CDL Downgrades for Drug Violations

Written by azcdt on . Posted in Motor Carrier Compliance.

New FMCSA Rule Mandates CDL Downgrades for Drug Violations

The Federal Motor Carrier Safety Administration is mandating States to downgrade Commercial Driver Licenses (CDL) for drug & alcohol violations that have been reported to the FMCSA Clearinghouse if the driver is placed on prohibited driving status.

The new requirement is part of FMCSA’s Clearinghouse II regulation.  This is intended to make it more difficult for drivers to continue operating commercial motor vehicles after receiving a drug or alcohol violation.

Clearinghouse II requires State driver license agencies to remove the commercial driving privileges of drivers that are in a “prohibited” status in the FMCSA Clearinghouse.  The CDL downgrade does not affect the ability of a driver to operate a vehicle that does not require a CDL license to operate.

The “prohibited” status can be removed and the CDL privileges reinstated once the driver completes the return-to-duty process, which includes an evaluation and authorization from a certified Substance Abuse Professional to return-to-duty after following a prescribed education or treatment plan and passing a return-to-duty drug and/or alcohol test for a motor carrier.

Please contact AZC Drug Testing if you need assistance with having the prohibited status removed once you have completed the Substance Abuse Professional evaluation process and have been cleared to take a return-to-duty test.

About AZC Drug Testing

For owner-operators and companies both large and small, AZC Drug Testing is your one-stop-shop for FMCSA and DOT compliance. We’ll cover all your bases so you can focus on your business. Unlike other drug testing companies, AZC Drug Testing provides unmatched expertise and experience, which gives you peace of mind. Consortium and custom drug and alcohol testing programs are available nationwide through AZC Drug Testing.  Learn more about AZC Drug Testing’s FMCSA drug & alcohol testing programs.

New FMCSA Rule Mandates CDL Downgrades for Drug Violations

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USDOT Guidelines Regarding COVID-19

Written by csdesign on . Posted in Drug Free Workplace, Drug Testing, Motor Carrier Compliance.

On March 23rd the USDOT issued guidance regarding the COVID-19 (the Corona Virus).

In short the USDOT is not waiving the drug & alcohol testing regulations during this public health crisis.  Your company is still expected to comply with the regulations including random testing and pre-employment testing.

AZC Drug Testing Employee Screening Services is open for business and is here to assist you during this time of concern.  The best way to protect your employees is to utilize facilities such as ours that do not treat illnesses or do medical testing or that have mobile testing facilities like ours. We have Arizona’s only fleet of self-contained mobile collections trucks.

Our employees have stepped up their cleaning, disinfecting, and sanitizing of our facility and equipment to ensure that your employees and our staff are as safe as possible. We also have self-contained mobile collections trucks based out of both Tucson and Phoenix that can bring the collection site to your facility.

Truck driver standing in front of 2 semi truck

FMCSA Increases Random Testing Rate for 2020

Written by csdesign on . Posted in Drug Testing, Motor Carrier Compliance.

The Federal Motor Carrier Safety Administration announced in the Federal Register on December 27th that they are increasing the random drug testing rate for safety sensitive employees for 2020 from 25% annually to 50% annually as a result of the MIS data for the most recent reporting year indicating that the positive rate is greater than 1%. For the official Federal Register announcement please see https://www.fmcsa.dot.gov/regulations/notices/2019-28164

A semi-truck travelling through the desert at sunset

Arizona Changes Definition of “Commercial Motor Vehicle”

Written by csdesign on . Posted in Motor Carrier Compliance.

On May 16, 2018, Governor Doug Ducey signed House Bill 2455 (HB2455) into law. The new law becomes effective on August 3, 2018. This bill changes the definition in Arizona Revised Statutes 28-5201(1)(A) of an intrastate commercial motor vehicle (CMV) in Arizona from 18,001 pounds or more to 26,001 pounds or more.

This means that companies that are operating commercial vehicles under 26,001 will no longer be subject to driver qualification files, hours of service requirements, vehicle maintenance requirements, DOT medical exams, and other requirements of commercial drivers and trucks.

This change does not affect drivers and vehicles operating in interstate commerce.  Also school buses, buses, vehicles that transports passengers for hire that has a design capacity for eight (8) or more persons, and vehicles that are used in the transportation of hazardous materials that are required to be placarded under 49 CFR Part 172.504 requirements are also not affected by this change.

Vehicles that do not meet the definition of a Commercial Motor Vehicle are no longer subjected to the requirements of ARS Title 28, Chapter 14 – Motor Carrier Safety. This legislative change also exempts this classification of vehicle from the state’s adoption of the Federal Motor Carrier Safety Regulations (FMCSRs) and the other CMV regulations found in Arizona Administrative Code Title 17, Chapter 5, Article 2. Medium duty vehicles remain subject to the remainder of ARS Title 28 and equipment is specifically
regulated by Title 28, Chapter 3.