The Federal Motor Carrier Safety Administration (FMCSA) has quickly enacted a final rule aimed at restricting non-domiciled commercial driver’s licenses (CDLs) following a legal challenge that temporarily halted an emergency version of the rule last fall.
Non-domiciled CDLs are granted to individuals who are authorized to work in the U.S. but do not permanently reside in the state issuing the license. This often includes foreign nationals with temporary work permissions. The FMCSA noted significant issues with states improperly issuing these licenses, which can lead to unsafe drivers on the roads.
Under the emergency rule established in September, FMCSA limited non-domiciled CDL eligibility to those holding H-2A, H-2B, or E-2 visas, excluding categories like asylum seekers, refugees, and DACA recipients who were previously eligible.
This rule faced legal challenges for not undergoing the mandatory rulemaking process, resulting in a temporary stay by the U.S. Court of Appeals for the D.C. Circuit on November 10.
Since the stay, FMCSA has continued to urge states it accused of neglecting previous non-domiciled CDL regulations.
Changes in the Revised Non-Domiciled CDL Rule
Although there were around 8,000 comments on the interim final rule, FMCSA decided to reaffirm the emergency rule with only minor modifications in its final version. According to FMCSA:
The final rule addresses a significant safety gap in the national commercial driver’s licensing system, which has emerged in two key ways:
- The issuance of licenses to individuals whose safety fitness cannot be accurately verified by state driver licensing agencies.
- The reliance on Employment Authorization Documents to establish eligibility for non-domiciled CDLs, which has proven to be administratively challenging and resulted in widespread non-compliance with regulations.
Brandon Wiseman from Trucksafe Consulting noted that the emergency rule restricted non-domiciled CDL eligibility to holders of H-2A, H-2B, or E-2 statuses, requiring proof via a valid foreign passport with I-94.
Details of the New Rule
Starting March 15, the finalized non-domiciled CDL rule will apply to state licensing agencies issuing these credentials:
- Eligibility: Limited to holders of H-2A, H-2B, or E-2 visas, validated by passport/I-94.
- Validity and Renewal: Matches the expiration of immigration documents (up to 1 year), renewable with updated proof.
- Verification and Records: SDLAs must utilize the SAVE system, maintain document copies/SAVE inquiries for two years, and respond to FMCSA requests within 48 hours.
- Downgrades: Necessitated if status changes; no new system to notify affected drivers.
Impact on Trucking Fleets
Brandon Wiseman commented in a blog post that the immediate effects for fleets may not be drastic, but are still crucial to consider.
A notable finding from FMCSA’s economic analysis indicated that many non-domiciled CDLs were issued with longer validity periods than initially assumed. Instead of a sudden loss of around 194,000 drivers, FMCSA found that any decline in non-domiciled drivers will happen gradually as licenses reach their expiration dates without renewal under the updated eligibility standards.
As a result, while the rule could eventually influence hundreds of thousands of non-domiciled CDL holders, the effects will unfold over several years rather than occurring all at once.
