The Wisconsin Department of Transportation (WisDOT) has begun downgrading commercial licenses this week, ahead of a federal compliance deadline in November.

As of September 15, 2024, the Wisconsin Department of Motor Vehicles (DMV) started automatically downgrading Commercial Driver’s Licenses (CDLs) for drivers who fail to meet federal drug and alcohol testing regulations, according to WisDOT.

Through the Federal Motor Carrier Safety Administration’s (FMCSA) new Drug & Alcohol Clearinghouse Status Checks, the Wisconsin DMV is automatically notified when a driver fails a drug or alcohol test. The DMV then downgrades that driver’s CDL until they resolve their record with the FMCSA.

The downgrade does not affect non-commercial driving privileges, but operating a commercial vehicle is illegal until CDL privileges are restored.

“Our absolute #1 priority is safety on Wisconsin’s roads,” DMV Administrator Tommy Winkler said. “Our project team worked for the past year to develop DMV’s path toward compliance with these new federal regulations. Among all states, Wisconsin DMV is one of the first driver licensing agencies to go live with this change.” 

Beginning November 18, 2024, all state DMVs will be required by federal law to initiate the same CDL downgrades that Wisconsin started on September 15.

As reported by the FMCSA’s Drug & Alcohol Clearinghouse for July 2024, a total of 175,650 CDL and Commercial Learner’s Permit (CLP) holders are currently listed as being in “Prohibited Status.” These drivers must complete the return-to-duty (RTD) process or face license downgrades by November 18, or sooner, depending on the state.

Of those in “Prohibited Status,” 133,414 drivers have yet to begin the RTD process.

The downgrades that take effect on November 18 stem from the Clearinghouse-II rule, issued by the FMCSA in October 2021. This rule builds on the first Clearinghouse regulation, enforcing that drivers with a “prohibited” status are banned from operating commercial motor vehicles on public roads.

The FMCSA notes that the Clearinghouse-II rule is designed to enhance safety by ensuring compliance with the CMV driving prohibition, thereby keeping unsafe drivers off the road.

The Clearinghouse provides real-time information on drug and alcohol violations involving CDL and CLP holders to both law enforcement and employers.

Wisconsin is not the only state to start CDL downgrades early. On July 29, 2024, New Mexico’s Motor Vehicle Division (MVD) also began implementing CDL downgrades ahead of the November deadline.