Industry speaks out on non-domiciled CDLs

The Federal Motor Carrier Safety Administration sought comments from the public about its emergency interim final rule to get a handle on the issuance of non-domiciled CDLs.

The public had plenty to say as the agency received more than 8,000 comments.

Below is a sampling of comments from trucking organizations, states and other key groups.

OOIDA

OOIDA is supportive of the effort, saying that CDL holders must be trained, vetted and qualified.

“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.”

American Trucking Associations

ATA is generally supportive of efforts “to reinforce driver credentialing standards” and ensure that non-domiciled CDL holders maintain proper authorizations and qualifications, the group also asked that drivers and carriers are given time to adjust.

“Given FMCSA’s estimation that this rule will result in a significant number of CDL downgrades, it is important that drivers be provided reasonable time to notify their employers – or, alternatively, that FMCSA establish a mechanism to ensure motor carriers are promptly informed when a driver’s CDL has been downgraded,” ATA wrote in comments signed by executives Brenna Lyles and Nathan Mehrens. “Drivers who were legitimately issued a non-domiciled CDL but will not qualify for renewal should receive advance notice so they and their employers can prepare for the change … When a state driver’s license agency determines a CDL – non-domiciled or standard – was issued in error or otherwise out of compliance with the law, the SDLA should take immediate action to notify the driver and downgrade their commercial driving privileges.”

Attorneys general for 18 states and D.C.

Attorneys general for 18 states – Massachusetts, California, Arizona, Colorado, Delaware, Hawaii, Illinois, Maine, Maryland, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington – and the District of Columbia told FMCSA that the rule should be rescinded.

“The interim final rule’s dramatic new restrictions on eligibility for non-domiciled commercial driver’s licenses and commercial learner’s permits are unlawful,” the attorneys general wrote. “FMCSA claims that the interim final rule’s new restrictions are necessary for public safety, but the agency admits that it lacks evidence that these restrictions provide any additional safety benefits.”

Oklahoma Department of Public Safety

The Oklahoma Department of Public Safety is supportive of the rule and said that it has had a “first-hand view of the significant problems and unintended consequences associated with the implementation of non-domiciled CDLs.”

In comments signed by Oklahoma Commissioner of Public Safety Tim Tipton, the agency said employee authorization documents have been “insufficient” for the issuance of a professional license in a highly regulated field.

Sikh Coalition

The group said the interim final rule has had a “devastating” impact on Sikhs, as trucking is one of the most popular professions among the community.

“This rule has spread fear throughout the Sikh trucker community, effectively undermining drivers’ sense of safety and belonging, despite many having contributed to the profession for decades,” the Sikh Coalition wrote. “These calamitous consequences exemplify the danger of wrongfully assigning blame for the actions of a few individuals to entire communities, as FMCSA has done through this rule.” LL