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Court pauses USDOT rule on non-domiciled CDL holders

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Court pauses USDOT rule on non-domiciled CDL holders
Court halts implementation of non-domiciled CDL mandate.

WASHINGTON — The U.S. Court of Appeals for the District of Columbia Circuit has revealed its decision on a lawsuit seeking to block USDOT’s emergency final rulemaking that sought to take away CDLs from non-domiciled holders.

According to court documents, the court said “that the Federal Motor Carrier Safety Administration’s interim final rule” be “administratively stayed pending further order of the court.”

The pause will “give the court sufficient opportunity to consider the emergency motions for stay pending review and should not be construed in any way as a ruling on the merits of those motions.”

Background

In September, U.S. Transportation Secretary Sean Duffy announced an emergency action to drastically restrict who is eligible for a non-domiciled commercial learner’s permits (CLPs) and CDLs.

“What our team has discovered should disturb and anger every American,” Duffy said. “Licenses to operate a massive, 80,000-pound truck are being issued to dangerous foreign drivers – often times illegally. This is a direct threat to the safety of every family on the road, and I won’t stand for it. Today’s actions will prevent unsafe foreign drivers from renewing their license and hold states accountable to immediately invalidate improperly issued licenses.”

The rule, which was effective immediately, came in response to an ongoing nationwide audit by the Federal Motor Carrier Safety Administration (FMCSA) and a recent series of horrific, fatal crashes caused by non-domiciled drivers.

Owner-Operator Independent Drivers Association

OOIDA and truckers across America support the Trump Administration’s action to restore integrity to the issuance of non-domiciled CDLs,” said Todd Spencer, OOIDA president. “For too long, loopholes in this program have allowed unqualified drivers onto our highways, putting professional truckers and the motoring public at risk. While the policy itself is sound, it is now tied up in court over procedural technicalities in how the rule was issued, not its substance. Representative Rouzer’s Non-Domiciled CDL Integrity Act reflects the Trump Administration’s policy and would make it permanent. Passing this bill and getting it signed into law will protect these critical safety reforms from being undone by future court decisions or a new administration. Congress must act immediately to make President Trump’s non-domiciled CDL crackdown the law of the land.”

Dana Guthrie

Dana Guthrie is an award-winning journalist who has been featured in multiple newspapers, books and magazines across the globe. She is currently based in the Atlanta, Georgia, area.

Avatar for Dana Guthrie
Dana Guthrie is an award-winning journalist who has been featured in multiple newspapers, books and magazines across the globe. She is currently based in the Atlanta, Georgia, area.
For over 30 years, the objective of The Trucker editorial team has been to produce content focused on truck drivers that is relevant, objective and engaging. After reading this article, feel free to leave a comment about this article or the topics covered in this article for the author or the other readers to enjoy. Let them know what you think! We always enjoy hearing from our readers.

9 Comments

It is amazing how they take such little regard for human life. These non domiciled – non english speaking drivers cause so much damage to our country and American lives and now the Supreme Court wants to pause the exact ruling that will prevent these things from happening? There is no excuse for this and ALL of the justices should be removed from their seat for endangering the public or allowing them to continue to damage our economy.

And why are you moderating comments? Are you afraid someone may say something inappropriate? For being a champion of free speech with your forum here you sure seem to stifle it and want to make sure you caputure the persons information. What happened to searching for truth? Or is the truth the only feedback YOU publish?

Hi Steven. All comments are moderated to ensure that explicit and derogative language is not used. We encourage free discourse as long as it is respectful. Thank you so much for reaching out to us.

It’s disgusting the courts are stopping one of the rules that will help OO’s get by. The way things are going, 4 friends of mine shut down/out of business. With the industry filled with non-domiciled workers willing to work for nothing, and brokers stealing the lions share of the revenue out of every load, Insurance raising rates 180% going unchecked… Duffy did the wrong thing when he stopped the movement for brokers having to disclose the rates they get on the rate-con. If a driver askes for the broker’s paid rate, they will be blacklisted. Of course the big money gets its way and the little carrier looses, again… Thanks Duffy!

I was reading a Reddit post from a broker stating he was stressed out and thinking of quitting the business. Advise from another broker was hire one or two helpers, go to the gym every day or at least every other day, take a spa day once a week… WOW! That’s why the “*3PL’s” (??? 1, Shipper/ 2, Carrier/3, Receiver/ 4, bottom feeding, money thieving, unneeded cog; 4PL, Broker) needs to steal all the revenue.

If we get rid of the non-domiciled illegals, and the government would rein in the insurance thieves, maybe the American trucker can start making money again, as they did in the 80’s

a preponderance of the accidents are red blooded Americans, ask any insurance carrier. yet foreign drivers make better news articles

Not every non-domiciled CDL holder is an illegal alien. Unsafe drivers are what cause accidents, not someone’s residency or status in a country. This is just another way the Trump Administration is showing their racism. This will not make trucking great again or ensure that OO get loads or make money. This is just pushing out the majority people who came to this country legally so they can’t work here. Many of these people pay taxes and help our economy. Maybe there needs to be more drivers looked at for being unsafe or on drugs or running illegally and less time looking at someone’s immigration status. As of 2022 drivers have to go to a certified (by the FMCSA) training program. Why isn’t more being done to fine out how people are getting CDLs that shouldn’t instead of what color someone’s skin color is. Oh, that’s right, because it isn’t about being safe, it’s about racism. Remember, unless you’re Native American, you are an immigrant. The difference is, most of your families came here and took land by force. Get over yourselves.

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