Nevada to Eliminate Nearly 1,000 Non-Domiciled CDLs
State Finds 99.5% of Current Foreign Drivers Lack Federal Requirements
Key Takeaways:
- FMCSA's interim final rule limits eligibility to specific visa categories and requires states to align their CDL programs with federal standards.
- 975 commercial driver licenses and commercial learner's permits are being revoked, including 62 licenses issued to drivers who reside in Canada and Mexico.
- USDOT has threatened to withhold federal transportation funds from states that do not comply with the interim rule, and did so when it determined that California has failed to comply.
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The state of Nevada is canceling nearly 1,000 non-domiciled commercial driver licenses after determining that the permit holders do not comply with updated interim rules issued by the Federal Motor Carrier Safety Administration, and will going forward cease issuance of CDLs to drivers who reside outside of the United States.
“Nevada is taking a proactive, responsible approach to comply with the new federal requirements,” Tonya Laney, director of the state’s , said in a Nov. 4 news release. “By phasing out the Limited-Term CDL Program, we are protecting federal highway funding, maintaining program integrity and ensuring that Nevada’s licensing system remains fully compliant with national standards.”
“The phaseout is permanent,” Nevada DMV spokesperson Hailey Foster told Transport Topics.
A review of Nevada’s driver licensing records determined that 99.5% of holders of Commercial Learner’s Permit and Commercial Driver’s License — the classes of authorizations for non-domiciled drivers — did not comply with requirements established under the FMCSA’s “Restoring Integrity to the Issuance of Non-Domiciled Commercial Driver’s Licenses” interim final rule, which was issued Sept. 29. The rule limits eligibility to specific visa categories and requires states to align their CDL programs with federal standards. It also placed a nationwide freeze on issuance of new non-domiciled CDLs and CLPs.
Nevada did not provide a breakdown of which section or sections of the rule were at issue with the revocations. By the numbers, 975 CDLs and CLPs are being revoked, including 62 licenses issued to drivers who reside in Canada and Mexico. Drivers in those countries can receive reciprocity in the United States for CDLs issued by their home countries.
“The DMV will notify drivers that will be canceled through two certified letters; the disqualification letter and an information letter that will be finalized here shortly. The DMV will continue to respond to any inquiries and provide assistance to drivers affected by this federal rule change,” Foster said. Affected drivers can apply for a non-commercial driver license or driver authorization card, if eligible.
“Nevada will allow existing Limited-Term CDLs to expire naturally based on the driver’s lawful stay as determined by U.S. Citizenship and Immigration Services. No new or duplicate Limited-Term CDLs will be issued,” the DMV stated.
State Audit
An FMCSA audit of Nevada’s federal commercial driver enforcement programs is currently underway. It is one of several states whose enforcement efforts are under FMCSA review.
“FMCSA auditors reviewed Nevada’s CDL program as part of the nationwide non-domiciled CLP/CDL audit, and that review is still ongoing. Nevada has alreIady provided data and documentation demonstrating compliance with the audit and with the interim final rule and continues to coordinate directly with FMCSA staff as federal guidance evolves,” Foster said.
Audits in other states have so far revealed issuance of commercial driving privileges to individuals designated as U.S. citizens who instead are either foreign residents or in the U.S. illegally. Instances of CDLs/CLPs being issued to people who lack work permits also have been uncovered.
Federal Funds
USDOT has threatened to withhold federal transportation funds from states that do not comply with the interim rule, and did so when it determined that California has failed to comply. Nevada is aiming to avoid a similar outcome.
“Nevada’s focus is on maintaining the integrity and safety of the CDL program while fully complying with federal law,” Foster said. “We understand how significant these changes are for affected drivers, and we’re committed to implementing them transparently and fairly. Our partnership with FMCSA and other states helps ensure consistency across the country so that all CDL holders operate under the same standards and protections.”
In fiscal 2024, Nevada received $4.31 million from the federal Motor Carrier Safety Assistance Program, which helped fund the Nevada Highway Patrol’s efforts to curb highway fatalities and enhance commercial motor vehicle safety.
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