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OOSC, Part I, Item 7. Drugs and Other Substances, c. Prohibited from Performing Safety-Sensitive Functions

Entry DateMarch 16, 2026
Issue Number26-027-DRV
NameSgt. Brady Johnson
AgencyLouisiana State Police
Address7919 Independence Blvd.Baton Rouge, LA, 70806United StatesMap It (opens in a new tab)
Phone13376924741
Email[email protected]
CommitteeDriver-Traffic Enforcement Committee
StatusOpen
Summary of Issue

Give a clear definition of what a current CDL holder is versus a former CDL holder, regarding the OOSC (Clearinghouse table)

Justification or Need

Each state uses different terminology for a suspended, canceled, disqualified, and/or not eligible CDL driver. Inspectors need clear direction on who should and should not be placed out of service when driving while under a Clearinghouse prohibition. The terms current and/or former CDL holders are not defined anywhere in the regulations, nor is it discussed in an FAQ by FMCSA.

Request for Action

My request for action would be to simplify this table, by making all drivers under a Clearinghouse prohibition subject to the out of service criteria when traveling in interstate commerce. For intrastate commerce, all drivers operating a CDL required commercial motor vehicle should be placed out of service. I think those changes would simplify the out of service criteria in a way that was clear to industry and enforcement. I also believe that both industry and enforcement can’t agree that someone should not drive a commercial motor vehicle, regardless of the size, in interstate commerce before going through a substance abuse program.