Commercial Driver's License

In response to the November 18, 2024 implementation deadline of the Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse (Clearinghouse) program, KDOR will be forthwith implementing the following changes and requirements:

Kansas statute now requires a check of the Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse (Clearinghouse) prior to any issuance or renewal of a CDL/CLP. If a driver is found to be prohibited based on a query or report to Kansas Department of Revenue (KDOR), CDL/CLP holders will not be allowed a new issuance.

Upon receipt of a prohibited report for an active licensee, KDOR will mail notification of possible disqualification to the driver’s registered address. Drivers will have 60-days from the date of prohibited notification by FMCSA to clear the prohibition or their commercial driving privileges will be disqualified. The disqualification remains in effect until the return-to-duty (RTD) process has been completed.

Continue reading for information on how to complete the RTD process.

How do I complete the RTD process and get back to being “not prohibited”?

The RTD process is established by 49 CFR part 40, subpart O. A summary of the steps is listed below:

1. Select a Substance Abuse Professional
   • Your employer is required to provide you with a list of DOT-qualified Substance Abuse Professionals (SAPs). You select your SAP based on your own research.
   • Your designated SAP will evaluate you and provide recommendations for education/treatment.
   • Your SAP will determine if you have successfully completed the education/treatment, therefore making you eligible for your return-to-duty test.
2. Take the RTD test
   • You must be sent by your employer.
     • Only DOT-regulated employers, and not the employee, request the return-to-duty test.
   • If you are an owner-operator, your designated consortium/third-party administrator (C/TPA) must send you for this test.
3. Once your Clearinghouse status is “not prohibited,” you are eligible to resume performing safety-sensitive functions, but the following must occur:
   • Your status will be updated when your employer enters your negative return-to-duty test result in the Clearinghouse.
   • If your commercial privileges have been disqualified, KDOR must process the notification and reinstate the disqualification.
   • To remain in a “not prohibited” status, your employer must complete the follow-up testing plan with you as specified by the SAP, which must include a minimum of six unannounced follow-up tests in the first 12 months of returning to performing safety-sensitive functions. If you are an owner-operator, your designated C/TPA must complete your follow-up testing plan.
   • Information about your drug and alcohol program violation is retained in the Clearinghouse for five years from the date of the violation determination or until the successful completion of the follow-up testing plan, whichever is later.

For more information, log in to your Clearinghouse account. To register, visit https://clearinghouse.fmcsa.dot.gov/register.

You may check the current status of your driving privileges at www.ksrevenue.gov/dlstatuscheck