49 CFR Part 40 Subpart O

Return-to-Duty: Your Path Back

The only way to clear a CDL violation and get back on the road. A rigid, federally mandated 6-step process that cannot be shortened or skipped.

Typical timeline: 4-12 weeks
Total cost: $1,500 - $7,000+

The "Catch-22" Problem

Here's the structural flaw in the RTD process: You cannot order your own Return-to-Duty test—it must be ordered by an employer. But most major carriers have strict policies against hiring drivers with open Clearinghouse violations.

This creates a market for "second chance" carriers—companies willing to hire drivers with violations, sponsor the RTD test, and oversee the mandatory follow-up testing. The trade-off: often lower pay and less desirable routes.

Learn about second chance carriers

The 6-Step RTD Protocol

This process is outlined in 49 CFR Part 40 Subpart O. Each step must be completed in order.

Immediate Removal

Critical

Immediate

Employer removes you from all safety-sensitive duties. This includes driving, loading, and even waiting to be dispatched.

SAP Selection

High

Within days

Choose a DOT-qualified Substance Abuse Professional from your employer's list. Cost: $300-$600.

Initial Evaluation

Schedule promptly

Face-to-face or telehealth assessment (1-2 hours). SAP determines severity and prescribes treatment/education plan.

Treatment/Education

Varies (weeks to months)

Complete SAP-prescribed program. Could be 16-hour course or inpatient rehab—you cannot skip or shorten it.

Follow-Up Evaluation

After treatment

Return to SAP after completing treatment. SAP confirms compliance and issues 'Notice of Compliance.'

Return-to-Duty Test

Critical

Final step

Directly observed drug/alcohol test. Must be NEGATIVE to lift 'Prohibited' status. Employer must order this test.

After RTD: Follow-Up Testing

Clearing the Return-to-Duty test does not end the process. The SAP must establish a follow-up testing plan that follows you for years.

  • Minimum 6 unannounced tests in the first 12 months
  • SAP can extend testing for up to 5 years
  • These are in addition to standard random testing
  • If you change employers, follow-up plan follows you
  • Failure to complete follow-up tests = new violation

Estimated Costs

The driver typically bears these costs, not the employer

ItemTypical Cost
SAP Initial Evaluation$300 - $400
SAP Follow-Up Evaluation$150 - $200
Treatment/Education Program$500 - $5,000+
Return-to-Duty Test$50 - $100
Follow-Up Tests (6 minimum)$300 - $600
Total Estimated Cost$1,500 - $7,000+

Treatment costs vary significantly based on SAP recommendations. Inpatient rehab can exceed $10,000.

Timeline Expectations

The total duration depends primarily on what the SAP prescribes. Here's what to expect:

4-6

Weeks (Best Case)

Education-only prescription

8-12

Weeks (Typical)

Outpatient treatment

3-6+

Months (Complex)

Inpatient rehab required

Key Points to Remember

You Cannot Self-Start

The RTD test must be ordered by an employer. You need a company willing to hire you while you're in "Prohibited" status.

SAP Has Final Authority

You cannot negotiate, appeal, or shorten what the SAP prescribes. They determine your treatment plan, and you must complete it exactly.

No Shortcuts Exist

There is no expedited process, no fee you can pay to speed it up, and no state where the rules are different. It's federal law.

Clearinghouse Updates Automatically

Once you complete RTD successfully, your status changes from "Prohibited" to showing RTD completion. This is visible to all potential employers.

Related Guides

Sources & Official Resources

Information on this page is sourced from federal regulations and FMCSA publications.

Last updated: January 8, 2026

Need Help Navigating the RTD Process?

A CDL DUI attorney can help you understand your options, find second-chance carriers, and ensure you complete the process correctly the first time.

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