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(625 ILCS 5/6-508.5) Sec. 6-508.5. Drug and alcohol clearinghouse. (a) No driver who has engaged in conduct prohibited by subpart B of 49 CFR 382 shall 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 CFR 40 and, if the driver's CDL or CLP was canceled, 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 Secretary of State. (c) No later than November 18, 2024, the Secretary 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 Secretary receives notification that pursuant to 49 CFR 382.503 the applicant is prohibited from operating a commercial motor vehicle, the Secretary shall not issue, renew, transfer, or upgrade a CDL or CLP. (d) No later than November 18, 2024, the Secretary must, 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, cancel the CDL or CLP. The cancellation must be completed and recorded on the CDLIS driver record within 60 days after the State'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 Secretary 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 Secretary shall reinstate the driver's CDL or CLP privileges and remove the cancellation from the driving record.(Source: P.A. 103-179, eff. 6-30-23; 103-605, eff. 7-1-24.) |
