DOT determined to address non-domiciled CDLs despite detour

Calling it an emergency and a threat to public safety, the U.S. Department of Transportation jumped past the normal rulemaking process to revoke hundreds of thousands of “unvetted” and “unlawful” non-domiciled CDLs as soon as possible.

However, a lawsuit forced the DOT to take a step back and, essentially, operate under typical rulemaking procedures. Now, the agency will review more than 8,000 comments before it can issue a final rule.

What does DOT want to do?

The Federal Motor Carrier Safety Administration issued the emergency rule in late September, citing concerns that many non-domiciled CDL holders are either in the country illegally or fail to meet federal qualification standards.

Under the rule, an Employment Authorization Document would no longer be sufficient to obtain a non-domiciled CDL. Asylum seekers, asylees, refugees and DACA recipients would also be excluded from eligibility.

Most current non-domiciled CDL holders obtained their licenses using an EAD, though many may still qualify for other employment in the U.S. As written, the emergency interim final rule would revoke about 200,000 CDLs.

FMCSA says the changes will tighten security in the CDL issuance process and improve highway safety. The agency backed its decision by citing several recent fatal truck crashes involving foreign drivers.

OOIDA supports higher standards

The Owner-Operator Independent Drivers Association believes it has been way too easy to get a CDL and operate an 80,000-pound vehicle across the country.

That’s why OOIDA said it supports efforts from DOT and FMCSA to clean up the non-domiciled CDL system.

“This sweeping action delivers immediate licensing reforms that remove unsafe and unqualified drivers from the industry,” OOIDA wrote in comments signed by President Todd Spencer. “We are optimistic that the interim final rule and other Department of Transportation measures will strengthen training, licensing and qualification protocols for commercial truck drivers. Ensuring that only well-trained, qualified individuals can earn a commercial license will make trucking a safer, more attractive, more rewarding and more sustainable career.”

Although FMCSA received pushback for attempting to bypass the normal rulemaking process, OOIDA praised the agency for taking immediate action.

“State driver’s licensing agencies have improperly issued hundreds of thousands of non-domiciled CDLs in recent years,” the Association wrote. “Given the dire safety consequences, FMCSA took rightful action …”

OOIDA also urged the agency to strengthen the rule by requiring a complete driving history for all CDL applicants — domestic and non-domiciled alike. Federal rules already require states to seek up to 10 years of driving history and employers to review three years of records, but OOIDA says enforcement is inconsistent.

“The most important change FMCSA can make is to require a complete driving history from all CDL applicants, whether non-domiciled or not,” OOIDA wrote. “The need to protect highway safety far outweighs any additional time or effort needed to get this information.”

The group said those records should be obtained from any jurisdiction or employer, regardless of country, arguing that foreign nationals should not be held to a lower standard than U.S. citizens.

More work ahead

OOIDA called the interim final rule a strong first step but said it doesn’t go far enough.

The Association urged DOT and FMCSA to raise the bar across the industry by expanding behind-the-wheel training requirements, strengthening new-entrant audits, modernizing registration systems and cracking down on fraud.

“Moving forward, DOT and FMCSA should take additional actions that will strengthen training, licensing, registration and qualification protocols for all stakeholders, including drivers, motor carriers and freight brokers,” OOIDA wrote. “Measures such as new drivers completing 30 hours of behind-the-wheel training, bolstering new-entrant audit requirements, modernizing registration systems and eliminating fraud will prevent unqualified and unscrupulous entities from ever entering the industry.”

OOIDA added that the DOT and FMCSA “must raise the barrier of entry into trucking by verifying safety, competency and integrity at initial access points” instead of relying on a failed ‘let them loose and try to catch them later’ mentality.

Meanwhile, FMCSA heard from thousands of truckers on both sides of the argument.

Many of the comments came from drivers who would lose their CDL under the rule. Ranjit Singh pleaded with the agency to let him continue to work, saying he has been a professional driver for nine years with a clean record.

Many other truck drivers said they support FMCSA’s rule on non-domiciled CDLs, as well as efforts to enforce existing English-proficiency regulations.

“Full compliance to safety rules and regulations is a must,” Mark Harmon wrote. “I am an American citizen. As an active CDL holder since 1991, the recent uptick in violent crashes involving drivers unable to properly communicate with law enforcement and safety personnel is of great concern to me, as it should be to anyone concerned with safety throughout the transportation industry. I see CDL drivers every single day that cause serious traffic issues and it is because they cannot read the road signs! All of our safety is at risk!” LL