Section 140 IAC 7-3-4.5 - Drug and Alcohol ClearinghouseAuthority: IC 9-14-8-3; IC 9-24-6.1-2
Affected: IC 9-24-6.1
Sec. 4.5.
(a) Beginning November 18, 2024, before issuing a CLP or CDL, the bureau shall submit an electronic query to the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse (DACH) regarding the applicant's status. The bureau shall not issue, renew, amend, or upgrade an applicant's CLP or CDL unless the applicant's status in the DACH is listed as "not prohibited".(b) Beginning November 18, 2024, after notification from the FMCSA that the holder of an unexpired CLP or CDL is listed as "prohibited" in the DACH, the bureau must remove the commercial driving privileges of the CLP or CDL holder within sixty (60) days after receiving the notification from the FMCSA. A driver's commercial driving privileges remain revoked or disqualified until the: (1) FMCSA provides a "not prohibited" DACH status;(3) applicant surrenders the CDL and is issued a driver's license; or(4) applicant is issued a credential in another state.(c) Beginning November 18, 2024, after notification from the FMCSA that a driver's DACH status is no longer listed as "prohibited", the bureau shall make the driver eligible for reinstatement of the CLP or CDL.(d) Beginning November 18, 2024, after notification from the FMCSA that a CLP or CDL holder's DACH status was erroneously listed as "prohibited", the bureau shall: (1) reinstate the CLP or CDL privilege to the driver's license as quickly as possible; and(2) expunge from the driver's record any reference related to the driver's erroneous "prohibited" status in the DACH.Bureau of Motor Vehicles; 140 IAC 7-3-4.5; filed 9/30/2024, 12:34 p.m.: 20241030-IR-140240215FRA