Dive Brief:
The federal government announced a new final rule on Wednesday regarding nondomiciled commercial driver’s licenses (CDLs) and commercial learner’s permits (CLPs). This rule imposes stricter requirements on how states can issue and renew these driving credentials for noncitizens.
Under the final rule, eligibility for nondomiciled CDLs and CLPs is restricted to specific categories of immigrant visas, and states are mandated to provide detailed documentation for verifying immigration status. This final rule aims to replace an interim emergency rule that had been put on hold due to legal challenges. The new regulations are expected to take effect in mid-March.
Dive Insight:
The Department of Transportation (DOT) indicated that past nondomiciled CDL issuance practices were contributing to unsafe driving conditions. The complexity of documentation and insufficient access to data meant that states could not adequately vet drivers.
According to Federal Motor Carrier Safety Administration Administrator Derek Barrs, these lapses created a “critical safety gap” that allowed unqualified individuals to drive commercial vehicles without a verified safe driving history. The FMCSA noted that some accidents, including fatalities, involved drivers holding nondomiciled CDLs that would not qualify under the new standards.
Eligibility Changes:
Similar to the interim rule, the new regulations limit nondomiciled CDLs to individuals with H-2A, H-2B, or E-2 visas. Applicants must also present a valid foreign passport and an approved Form I-94 that reflects eligible status. Notably, employment authorization documents, such as work permits, will no longer be accepted, as their use proved problematic, leading to widespread regulatory non-compliance.
The DOT indicated that previous rules allowed individuals with dangerous driving backgrounds to acquire trucking licenses simply by presenting an Employment Authorization Document (EAD), which does not adequately assess transportation safety.
Final Rule Specifications:
The new rule largely mirrors the previous interim rule but includes minor adjustments, such as stating that states cannot issue nondomiciled CDLs or CLPs for periods longer than one year. The regulations do not apply to commercial drivers licensed in Canada or Mexico, as U.S. authorities recognize licensing standards from those countries due to reciprocity agreements.
The interim rule generated over 8,000 comments, showcasing both opposition and support, particularly from major trucking trade associations. The Owner-Operator Independent Drivers Association expressed that this rule signifies a correction aimed at elevating safety standards by removing unqualified drivers from the road.
In contrast, the American Trucking Associations acknowledged that the new measure promotes nationwide uniformity in CDL credentialing, emphasizing its importance in restoring integrity in the issuance process.
