WASHINGTON — U.S. Transportation Secretary Sean Duffy is announcing an emergency action to drastically restrict who is eligible for a non-domiciled commercial learner’s permits (CLPs) and commercial driver’s licenses (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, effective immediately, comes 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.
A Catastrophic Pattern
“The audit has uncovered both a catastrophic pattern of states issuing licenses illegally to foreign drivers, as well as the fact that even if the current regulatory framework is followed, it can fail,” USDOT said. “The confluence of these two factors have created an imminent hazard on America’s roadways that must be fixed.”
Moving forward, non-citizens will not be eligible for a non-domiciled CDL unless they meet a much stricter set of rules, including an employment-based visa and undergoing a mandatory federal immigration status check using the SAVE system.
A one-pager on the emergency actions can be found here.
FMCSA Audit Results
According to an USDOT press release, FMCSA’s nationwide audit non-domiciled CDLs uncovered systemic non-compliance across several states, the worst and most egregious in California. Due to weak oversight, insufficient training, and programming errors, the agency found a large number of non-domiciled CDLs were issued to:
- Drivers who were ineligible.
- Drivers whose licenses were valid long after their lawful presence in the U.S. expired.
“In California alone, more than 25% of non-domiciled CDLs reviewed were improperly issued,” USDOT said. “This opens the door to thousands of unsafe drivers on the road, including some with licenses extending as many as four years beyond the expiration date of their lawful presence documentation. In one shocking case, California gave a driver from Brazil a CDL with endorsements to drive a passenger bus and a school bus that was valid for months after his legal presence expired.”
Direct Action Taken on California
In addition to the emergency rule, Duffy also announced direct enforcement action against California. The state must immediately:
- Pause issuance of 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.
“California’s reckless disregard is frankly disgusting and an affront to the millions of Americans who expect us to keep them safe,” Duffy said. “California must get its act together immediately or I will not hesitate to pull millions in funding. To every other state around the country – find all improperly issued CDLs and revoke their licenses now. We owe it to the American people to ensure only lawful, qualified drivers are operating big rigs on our highways.”
California has 30 days to come into compliance, or FMCSA will withhold federal highway funds — starting at nearly $160 million in the first year and doubling in year two.
FMCSA’s findings are in addition to at least five fatal crashes occurring since January involving non-domiciled CDL holders – all prompting Secretary Duffy’s urgent action to combat the direct threat to national security and the hazard to public safety. Colorado, Pennsylvania, South Dakota, Texas, and Washington were also identified as states with licensing patterns not consistent with federal regulations, according to USDOT.
Trucking Industry Reacts
The Owner-Operator Independent Drivers Association (OOIDA) is applauding the crackdown.
“OOIDA and truckers across America applaud Secretary Duffy for responding to our concerns by taking substantial actions to crack down on the irresponsible issuance of non-domiciled CDLs, particularly in California,” said Todd Spencer, OOIDA president. “For too long, loopholes in this program have allowed unqualified drivers onto America’s highways, creating unnecessary safety risks for professional drivers and the motoring public alike. These enforcement actions will also remove bad actors from the road and restore accountability to the system. Today’s action is an important step toward safer highways and a stronger, more professional trucking industry.”
American Trucking Associations (ATA)
“ATA supports steps to strengthen credentialing standards and ensure that non-domiciled CDL holders have and maintain the proper authorization and qualifications required under federal law,” said Chris Spear, ATA president, CEO. “Rules only work when they are consistently enforced, and it’s imperative that all state driver licensing agencies comply with federal regulations. We appreciate USDOT taking these steps to guarantee that happens, and we look forward to reviewing the rule in detail and providing specific feedback in our official comments.”
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.
Duffy issues emergency action on non-domiciled CDLs, California hit with sanctions
Comment