DOT takes action regarding non-domiciled CDLs

Transportation Secretary Sean Duffy did not mince words when he spoke about non-domiciled CDLs and concerns that the practice has been allowing unqualified drivers to take the wheel of 80,000-pound commercial vehicles.

“The process for issuing these licenses is absolutely 100% broken,” Duffy said during a news conference on Sept. 26. “It has become a threat to public safety, and it is a national emergency that requires action right now.”

Following an audit into non-domiciled CDLs, Duffy announced that the U.S. Department of Transportation planned to drastically reduce the number of people who can be eligible.

The new system will make non-citizens ineligible for a non-domiciled CDL unless they meet stricter requirements, including an employment-based visa and a federal immigration status check.

The Federal Motor Carrier Safety Administration unveiled an interim final rule that was published in the Federal Register on Sept. 29.

Specifically, the rule:

1. Limits individuals eligible for non-domiciled CLPs and CDLs to those maintaining lawful immigration status in certain employment-based nonimmigrant categories, certain individuals domiciled in a U.S. territory and individuals domiciled in a state that is prohibited from issuing CLPs or CDLs because the state’s CDL program is decertified
2. Requires non-citizen applicants (except for lawful permanent residents) to provide an unexpired foreign passport and an unexpired arrival/departure record indicating one of the specified employment-based nonimmigrant categories at every issuance, transfer, renewal and upgrade action
3. Requires state driver’s licensing agencies to query the Systematic Alien Verification for Entitlements System to verify the accuracy and legitimacy of provided documents and information
4. Requires state agencies to retain copies of the application documents for at least two years
5. Requires the expiration date for any non-domiciled CLP or CDL to match the expiration date of the arrival/departure record or to expire in one year, whichever is sooner
6. Requires the applicant to be present in person at each renewal
7. Requires the state agency to downgrade the non-domiciled CLP or CDL if the state becomes aware that the person is no longer eligible

In June, the DOT announced a nationwide audit of states issuing non-domiciled CDLs.

According to the DOT, the audit discovered systemic non-compliance across several states, including California, Colorado, Pennsylvania, South Dakota, Washington and Texas. FMCSA said it discovered a “large number” of non-domiciled CDLs issued to drivers who were ineligible and whose licenses remained valid after their lawful presence in the U.S. expired.

“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.”

Duffy also announced direct enforcement against California. The state must immediately pause the issuance of non-domiciled CDLs and identify all non-domiciled CDLs that fail to comply with regulations. The state also must revoke and reissue all noncompliant non-domiciled CDLs if they comply with the new federal requirements.

The DOT said that a review of California’s non-domiciled CDLs revealed that more than 25% of its non-domiciled CDLs were improperly issued. Duffy said California had 30 days to come into compliance or FMCSA would withhold $160 million in federal highway funds for the first year.

As of press time, the California DOT hadn’t responded to requests from Land Line. However, CNN reported that a spokesperson for California Gov. Gavin Newsom noted that California CDL holders had a crash rate nearly 40% lower than the national average.

Meanwhile, the Texas Department of Public Safety announced on Sept. 29 that it was immediately suspending the issuance of non-domiciled CDLs and all CDLs to non-citizens who are refugees, asylees or Deferred Action for Childhood Arrivals recipients.

Missouri also said it was going to suspend testing for non-domiciled CDLs for anyone other than a U.S. citizen or lawful permanent resident.

In late September, Oklahoma partnered with U.S. Immigration and Customs Enforcement to arrest 130 commercial truck drivers. According to Oklahoma Gov. Kevin Stitt, the drivers arrested were “illegal immigrants.”

The Owner-Operator Independent Drivers Association, which asked the DOT in August to suspend states’ authority to issue non-domiciled CDLs, was supportive of the new restrictions.

“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,” Association President Todd Spencer said. “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.” LL