Under the final FMCSA Drug and Alcohol Clearinghouse (DACH) rule, beginning November 15, 2024 state driver licensing agencies must automatically downgrade the CDL license of any driver with a violation in the Drug & Alcohol Clearinghouse to a non-commercial status if the driver has not completed the return-to-duty process. The Maryland Motor Vehicle Administration (MVA) will be following a phased-in approach to implement this requirement.
Phase I - On September 19, 2024, the MVA will establish a direct connection with the DACH system to enable daily checks and status inquiries. During this first phase, the Administration will notify and initiate a 60-day downgrade process for Maryland drivers currently listed in a prohibited DACH status. If the MVA receives notification from the DACH system that a driver has completed the RTD process before the deadline, the downgrade process will be discontinued. DACH downgrades will be initiated in Phase II for drivers who have not completed the RTD.
Phase II - On November 18, 2024, the MVA will begin DACH inquiries when issuing a new, renewed, corrected, or duplicate CDL or commercial learner’s permit. Each CDL holder/applicant is responsible for ensuring their compliance status is up to date in the FMCSA Clearinghouse before applying for a new or renewed license. A customer's transaction will be denied if the DACH inquiry returns a “prohibited” status. The driver must complete the RTD process before reinitiating the licensing process. FMCSA will notify the MVA that the driver is in a “not prohibited” status once the result is entered into the DACH system by the employer or provider.
Members with drivers that have a violation in the Clearinghouse should encourage completion of the return-to-duty process in a timely manner, and ensure the Clearinghouse reflects such completion, to avoid a driver’s license being automatically downgraded in the coming weeks.
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