39:3-10.13a Requirements to perform safety-sensitive functions, drug and alcohol clearinghouse information requests.

395 words·~2 min read·/nj/title-39/chapter-3/39-3-10-13a

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

2. a. A driver who has engaged in conduct prohibited by Subpart B of 49 C.F.R. s.382 shall not perform safety-sensitive functions, including driving a commercial motor vehicle, unless the driver has met the return to duty requirements of Subpart O of 49 C.F.R. s.40 and, if the driver's CDL or CLP was downgraded, has had the CDL or CLP reinstated.

b. By applying for a CDL or CLP, a driver is deemed to have consented to the release of information from the drug and alcohol clearinghouse to the chief administrator.

c. No later than November 1, 2024, the chief administrator shall request information from the drug and alcohol clearinghouse for all applicants applying for an initial, renewal, transfer, or upgraded CDL or CLP. If the chief administrator receives notification that, pursuant to 49 C.F.R. s.382.503, the applicant is prohibited from operating a commercial motor vehicle, the chief administrator shall not issue, renew, transfer, or upgrade a CDL or CLP.

d. No later than November 1, 2024, the chief administrator shall, upon receiving notification from the drug and alcohol clearinghouse that a holder of a CDL or CLP is prohibited from operating a commercial motor vehicle, downgrade the CDL or CLP, regardless of whether that notification is received in response to a request under subsection c. of this section. The downgrade shall be completed and recorded on the CDLIS driver record within 60 days after the chief administrator's receipt of such a notification.

Upon notification from the Federal Motor Carrier Safety Administration that a driver has completed the return-to-duty process, the chief administrator may reinstate the driver's CDL or CLP privileges.

e. Upon notification from the Federal Motor Carrier Safety Administration that a violation was entered into the drug and alcohol clearinghouse erroneously, the chief administrator shall reinstate the driver's CDL or CLP privileges and remove the downgrade from the applicant's driving record.

f. No later than November 1, 2024, the chief administrator shall request information from the drug and alcohol clearinghouse for all applicants applying to renew a hazardous material endorsement. If the chief administrator receives notification that pursuant to 49 C.F.R. s.382.503 the applicant is prohibited from operating a commercial motor vehicle, the chief administrator shall not renew the hazardous material endorsement. If the applicant currently holds a CDL or CLP, the chief administrator shall downgrade the CDL or CLP.

L.2024, c.72, s.2.