“Licenses to operate a massive, 80,000-pound truck are being issued to dangerous foreign drivers—oftentimes illegally. This is a direct threat to the safety of every family on the road, and I won’t stand for it,” Transportation Secretary Sean Duffy said. “Today’s actions will prevent unsafe foreign drivers from renewing their license and hold states accountable to immediately invalidate improperly issued licenses.”
FMCSA tightens eligibility, documentation requirements for non-domiciled CDLs
FMCSA issued an emergency rule in the Federal Register yesterday that, effective immediately, limits states’ authority to issue or renew non-domiciled CDLs.
Drivers can only be eligible for a non-domiciled CDL if they fit one of these categories:
- Maintain lawful immigration status in certain employment-based nonimmigrant categories.
- Live in a U.S. territory.
- Live in a state whose CDL program is decertified.
In addition, non-domiciled CDL applications have new paperwork requirements:
- Applicants who are not lawful permanent residents must provide an unexpired foreign passport.
- Those applicants must also provide an official arrival/departure record.
- State licensing agencies must query immigration services’ Systematic Alien Verification for Entitlements, which verifies a person’s immigration status.
- State agencies must retain application copies for at least two years.
Renewing a non-domiciled CDL also has more strict requirements:
- Non-domiciled CDL expiration dates must match either the arrival/departure record or expire in one year—whichever is sooner.
- The applicant must be present in person for each non-domiciled CDL renewal.
- State licensing agencies must downgrade a non-domiciled CDL if the state learns that the holder is no longer eligible.
As an emergency rule, the new requirements are effective immediately with no comment period.
California's CDL program suspended for compliance failures
The agency also announced a harsher crackdown in California.
FMCSA said California has been systemically noncompliant for years, improperly issuing more than 25% of reviewed non-domiciled CDLs.
The federal government is ordering that California must immediately:
- Pause issuance of all non-domiciled CDLs.
- Identify all unexpired non-domiciled CDLs that fail to comply with FMCSA regulations.
- Revoke and reissue all noncompliant non-domiciled CDLs if they comply with the new federal requirements.
If the state fails to comply with FMCSA’s demands, the agency will withhold all federal highway funds.
“California must get its act together immediately or I will not hesitate to pull millions in funding,” Duffy said.
If the state does not comply, FMCSA said it would revoke nearly $160 million in the first year and double that penalty by the second year.
FMCSA's CDL compliance audits target other states
California is not the only state with lax licensing practices, according to FMCSA.
The agency stated that its nationwide audit also revealed inconsistencies with federal regulations in Colorado, Pennsylvania, South Dakota, Texas, and Washington. For now, FMCSA has made no funding threats against the other states for their licensing practices. However, the agency said its nationwide audit is still ongoing.
